Judge: Linda S. Marks, Case: 2016-00844110, Date: 2022-11-07 Tentative Ruling
Motion to Set Aside/Vacate Dismissal filed by Cherry Myers on 3/11/22
No memorandum of points and authorities in support of the instant Motion appears in the Court’s file. Failure to include points and authorities supporting each ground for the motion may be treated as an admission that the motion is not meritorious, and as ground to deny it. (California Rules of Court, Rule 3.1113(a).)
In addition, no proof of service of the instant Motion appears in the Court’s file. Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing. (California Rules of Court, Rule, 3.1300(c).) The Court notes that no opposition has been filed, suggesting that the Motion has not been served. Moreover, the Court notes that Plaintiff moved for the same relief by way of a motion filed on May 4, 2021, which was denied on July 26, 2021. The Court therefore finds the instant Motion to be an improper and untimely motion for reconsideration.
Tentative Ruling: Plaintiff Cherry Myers’ Motion to Set Aside or Vacate Judgment is DENIED.
Plaintiff to give notice.