Judge: Kenneth J. Medel, Case: 37-2019-00027049-CU-FR-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2019-00027049-CU-FR-CTL HOWARD VS. CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

After sustaining a demurrer without leave to amend, the Court (Judge Meyer presiding) entered judgment against plaintiff on December 28, 2022. (ROA 22) After appeal by plaintiff, the Fourth District Court of Appeal Dismissed plaintiff's appeal pursuant to California Rules of Court, rule 8.140, for appellant's failure to timely designate the record (Cal. Rules of Court, rule 8.121(a)). (Remittitur issued on June 28, 2023.) The Motion to Vacate judgment appears to be late. Based on CCP 473(b), the Motion to Vacate Judgment must be filed no later than six months after entry of the judgment. In this case, judgment was entered in December, 2022. This motion was filed on February 14, 2024. The motion is late. Even if timely submitted, the papers do not provide a basis for the Court to set aside the judgment entered in December, 2022.

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3016418  38