Judge: Lee W. Tsao, Case: 23NWCV01467, Date: 2024-03-28 Tentative Ruling

Case Number: 23NWCV01467    Hearing Date: March 28, 2024    Dept: C

GONZALEZ v. AGUIRRE

CASE NO.:  23NWCV01467

HEARING:  03/28/24

#4

Defendants/Cross-Complainants Motion for Leave to File a First Amended Cross-Complaint is CONTINUED to Thursday, May 30, 2024 at 9:30 a.m. in Dept. SE-C.

Moving Party to give notice.

No Opposition filed as of March 25, 2024. Due by March 15, 2024. (CCP §1005(b).)

On February 21, 2024, this Court issued the following Order: “Alternatively, the Motion for Leave to File a First Amended Cross-Complaint is ADVANCED from Thursday, November 14, 2024 to this date and CONTINUED to Thursday, March 28, 2024 at 9:30 a.m. in Dept. SE-C. Opposition and Reply to be filed and served per Code in accordance with the new hearing date. Moving Party to give notice.” (emphasis added) (M.O., 02/21/24).

As of March 25, 2024, no Proof of Service or Notice of Hearing has been filed with this Court. Although Counsel for Plaintiff was present at the February 21, 2024 ex parte hearing, the minute order does not reflect that the parties waived notice. Therefore, based on the record before it, the Court cannot find that Plaintiff/Opposing Parties received adequate notice of this hearing.

This matter is CONTINUED as indicated above. The Moving Party is once again ORDERED to give notice of the continued hearing date. The Ex Parte Application will be deemed the Moving Papers. Opposition and Reply papers are to be filed and served per Code in accordance with the hearing date.