Judge: Layne H. Melzer, Case: 2023-01316619, Date: 2023-08-03 Tentative Ruling

Petitioner Ayan Debnath

Petition and Petition for Relief from Financial Obligation During Military Service

The Court is inclined to deny (without prejudice) Petitioner Ayan Debnath’s unopposed petition for relief from the financial obligation owed to Respondent Bank of America, N.A. during military service.

The Court previously continued this hearing from 6/15/23, to 8/3/23, because Petitioner did not file a proof of service. (ROA 8.) 

Per Mil. & Vet. Code, § 409.3, subd. (b), “The petition shall be served at least 10 days before the hearing.”  Also, Cal. Rules of Ct., Rule 3.1372(b) states that “[s]ervice of the petition for relief and all supporting papers must be made in the manner provided by law for service of summons in civil actions.”

In the 6/15/23 Minute Order, Petitioner was ordered to file proof of service, no later than 5 court days before the continued hearing date which was 7/27/23.  This has not been done.

As a result, unless Petitioner appears at the hearing to explain his failure to comply with the Court’s order, the Petition will be denied and dismissed.