Judge: Lee W. Tsao, Case: 20STCV06925, Date: 2023-05-25 Tentative Ruling

Case Number: 20STCV06925    Hearing Date: May 25, 2023    Dept: C

DOE v. PANTOJA

CASE NO.:  20STCV06925

HEARING:  05/25/23

#1

TENTATIVE ORDER

Plaintiff’s Motion for Issue, Evidentiary, and/or Monetary Sanctions is OFF-CALENDAR.

Opposing to give notice.

In Opposition, Defendants argue that the Motion was improperly noticed with less than 16 court days notice, and should be denied on procedural grounds.

CCP §1005(b) states that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (CCP §1005(b).) 16 court days prior to the May 25, 2023 hearing date is May 3, 2023. The Subject Motion was untimely served via overnight mail and electronic service on May 5, 2023 (only 14 court days prior to the hearing). Where a moving party fails to provide sufficient notice of a hearing in accordance with CCP §1005, the resultant order is void, absent an order shortening time. (Svistunoff v. Svistunoff (1952) 108 Cal.App.2d 638, 641.)

Here, the Court did not enter an order shortening time on the instant Motion. As such, insufficient notice has been provided.

The Motion is OFF-CALENDAR.