Judge: Layne H. Melzer, Case: 2019-01058498, Date: 2022-09-29 Tentative Ruling

Dft. Mathew  Guerrero
Motion to Set Aside/Vacate Default and Judgment

Defendant/Debtor Mathew Guerrero brings a Motion to set aside/vacate the 8/1/19 Default and 8/19/19 Judgment on Plaintiff/Creditor Grassy Sprain Group, Inc.’s Complaint.        

Defendant filed a proof of service on 9/22/22 for his Motion indicating that he electronically served Plaintiff’s Counsel, Steven Booska, via electronic mail at connie@booskalaw.com and stevenb@booskalaw.com on 9/12/22. That is only 12 court days’ notice, as September 23, 2022 was a court holiday.

Absent an order shortening time, the hearing date specified in the notice must allow for service of the moving papers in compliance with CCP § 1005: i.e., at least 16 court days before the hearing, plus additional time for service by mail (or by fax, email or overnight delivery). (See Demyer v. Costa Mesa Mobile Home Estates (1995) 36 CA4th 393, 401, fn. 18 (citing text) (disapproved on other grounds by Wilcox v. Birtwhistle (1999) 21 C4th 973.)

The court continues the hearing on this Motion to October 27, 2022 at 2:00pm and order Defendant to properly served Plaintiff with this Motion.

Defendant is also ordered to serve notice of this Order and the continued hearing date.