Judge: Loren G. Freestone, Case: 37-2020-00046267-CU-PN-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - January 25, 2024

01/26/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Professional Negligence Motion Hearing (Civil) 37-2020-00046267-CU-PN-CTL PAULIN VS LAW OFFICES OF MOORE SCHULMAN & MOORE APC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Douglas Paulin's motion for new trial is OFF CALENDAR.

A motion for new trial must be ruled upon no later than '75 days after service on the moving party by any party of written notice of entry of judgment.' (Code Civ. Proc., § 660, subd. (c).) If the motion is not determined within the 75-day period, it is deemed denied 'without further order of the court.' (Ibid.) The 75-day period is 'mandatory and jurisdictional,' and an order made after that period 'purporting to rule on a motion for new trial is in excess of the court's jurisdiction and void.' (Choochagi v. Barracuda Networks, Inc. (2020) 60 Cal.App.5th 444, 468–469.) Thus, the moving party has a duty to 'see that his motion for new trial is set for hearing within the statutory time.' (Id. at p. 469.) Here, notice of entry of judgment was served on August 8, 2023. The last day to hear a motion for new trial was therefore October 23, 2023. When the motion was not heard that day, it was denied by operation of law. As the court no longer has jurisdiction over the matter, the motion is off calendar.

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