Judge: Marcella O. Mclaughlin, Case: 37-2024-00006631-CU-BC-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2024-00006631-CU-BC-CTL TROTT VS DOHERTY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Ex

Parte Application - Other and Supporting Documents, 03/01/2024 The unopposed application for a right to attach order and writ of attachment is DENIED without prejudice for defective service.

Notice of a right to attach order hearing must be served on the defendant at least 16 court days before the hearing date. See Code Civ. Proc. § 1005(a)(1), (b); see also Code Civ. Proc. § 484.040(b), (c).

The notice deadline is extended by two calendar days for overnight delivery. Code Civ. Proc. § 1005(b).

In this case, the notice of hearing and the moving papers were served by overnight delivery on March 6, 2024. See ROA 22-23. This was less than 16 court days plus 2 calendar days before the scheduled hearing date of March 29, 2024. Thus, the application was not timely served. Defendants have not opposed the application; therefore, objections to defects in service have not been waived.

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