Judge: Loren G. Freestone, Case: 37-2021-00040885-CU-MM-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Medical Malpractice Summary Judgment / Summary Adjudication (Civil) 37-2021-00040885-CU-MM-CTL NOYER VS UNIVERSITY OF CALIFORNIA SAN DIEGO [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendants The Regents of the University of California, Jeffrey Chen M.D., Rachel Sennett M.D. Ph.D., Ellen Haddock M.D., Brian Hinds M.D., and Alexander Kim M.D.'s motion for summary judgment as to Plaintiff Heidi Noyer's first amended complaint is OFF CALENDAR.

The proof of service indicates that the motion was served via U.S. mail to Noyer at '1753 Sunset Drive, Vista, California 92081.' However, the address listed on Noyer's filings is 'PO Box 296, Oceanside, CA 92049.' Service was therefore defective. (See Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288.) The proof of service indicates that the motion was also served electronically to Noyer at 'boyerheidi@gmail.com.' However, the email address listed on Noyer's filings is 'noyerheidi1@gmail.com.' Moreover, self-represented parties like Noyer may only be served electronically if they affirmatively consent to that manner of service. (Code Civ. Proc., § 1010.6, subd.

(c)(1)–(2); Cal. Rules of Court, rules 2.251(c)(3)(B), 2.253(b)(2)–(3); Super. Ct. San Diego County, Local Rules, rule 2.1.4.) Including an email address on the first page of a filing does not constitute consent.

(See Cal. Rules of Court, rule 2.111(1); compare Code Civ. Proc., § 1010.6, subd. (c)(3); Cal. Rules of Court, rule 2.251(b)(1).) Finally, the notice states that the motion will be heard 'at 10:00 a.m.' However, the hearing is set for 10:30am. (See Code Civ. Proc., § 1010 [notice must state 'when' the motion will be heard].) In light of the above issues with service and notice, which may have been the cause of Noyer not filing an opposition, the motion is off calendar.

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