Judge: Mark E. Windham, Case: 22STCP01816, Date: 2022-09-14 Tentative Ruling
Case Number: 22STCP01816 Hearing Date: September 14, 2022 Dept: 26
PETITION
FOR ADDITIONAL TIME
TENTATIVE RULING:
Petitioner
Eduardo A. Pipilo’s Petition for Additional Time is DENIED.
SERVICE OF
PETITION:
[X] Proof
of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct
Address (CCP §§ 1013, 1013a) OK
[X]
16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
SUMMARY OF PETITION: Request
for additional time for Petitioner to remove his belongings from Defendant’s
storage unit.
OPPOSITION: None filed as
of September 12, 2022.
REPLY: None filed as of September
12, 2022.
TENTATIVE RULING:
Petitioner Eduardo A. Pipilo (“Petitioner”) filed the
instant Petition for Additional Time against Respondent Extra Space Storage
(“Respondent”) on May 11, 2022. The Petition asks the Court to provide
Petitioner with extra time to remove his items from the Respondent’s storage
unit. (Pet., pp. 1-3.)
The Petition, however, is not brought pursuant to a memorandum
of legal authority as required by Cal. Rules of Court, Rule 3.1113. “The
memorandum must contain a statement of facts, a concise statement of the law,
evidence and arguments relied on, and a discussion of the statutes, cases, and
textbooks cited in support of the position advanced.” (CRC Rule 3.1113(b).) Indeed,
Petitioner’s failure to provide a memorandum as required by the Rule is an
“admission that the [request] is without merit and cause for its denial.” (Cal.
Rules of Court, Rule 3.1113, subds. (a), (b); In re Marriage of Falcone
& Fyke (2012) 203 Cal.App.4th 964, 976.)
Additionally, no proof of service
showing that the Petition or Notice of Hearing Date on Respondent has been
filed with the Court. The Court ordered Petitioner to give notice of the
hearing date. (Notice of Hearing Date, 05/11/22.) Failure to give notice 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.)
Therefore, Petitioner Eduardo A.
Pipilo’s Petition for Additional Time is DENIED.
Court clerk to give notice.