Judge: Mark E. Windham, Case: 20STCV06402, Date: 2023-04-25 Tentative Ruling
Case Number: 20STCV06402 Hearing Date: April 25, 2023 Dept: 26
.MOTION TO VACATE ENTRY OF DEFAULT AND/OR DEFAULT
JUDGMENT
TENTATIVE RULING:
Plaintiff Meliba Bell’s Motion
to Vacate Default and/or Default Judgment is PLACED OFF CALENDAR.
TRIAL SETTING CONFERENCE IS SET
FOR MAY 23, 2023 AT 9:30 AM IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Meliba Bell (“Plaintiff”)
filed the instant action for motor vehicle negligence against Defendants Briana
Bell Johnson and Clark Reece (“Defendants”) on February 18, 2020. Defendant
Johnson filed an Answer on May 22, 2020 and Defendant Reece filed an Answer on
November 24, 2020. On August 5, 2021, the action was transferred from the
unlimited jurisdiction court to the limited jurisdiction court. (Minute Order,
08/05/21.) Trial was initially set for January 20, 2022, then continued to
August 1, 2022 pursuant to the parties’ stipulation. (Minute Order, 09/08/21; Stip
and Order, 12/28/21.)
When the case came for trial on
August 1, 2022, the parties again stipulated to a continuance, setting the new
date on February 22, 2023. (Minute Order, 08/01/22.) Multiple pre-trial
documents were filed on February 22, 2023, however, no trial was held on that
date.
Plaintiff filed the instant
Motion to Vacate Default and/or Default Judgment on March 22, 2023. No
opposition has been filed to date.
Discussion
First, the Motion is not
accompanied by a proof of service demonstrating notice on Defendants. Failure
to give notice of a motion is not only a violation of the statutory
requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero
(1984) 156 Cal.App.3d 754, 757.) In fact, the motion indicates that the hearing
is to be held on February 22, 2023, which is prior to when the motion was
filed. Second, there is no default or default judgment to which any party in
this action is subject.
Therefore, the Motion to Vacate
Default and/or Default Judgment is PLACED OFF CALENDAR.
TRIAL SETTING CONFERENCE IS SET
FOR MAY 23, 2023 AT 9:30 AM IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE.
Court clerk to give notice.