Judge: Mark E. Windham, Case: 22STCP03179, Date: 2024-01-29 Tentative Ruling

Case Number: 22STCP03179    Hearing Date: January 29, 2024    Dept: 26

Averkiyeva v. Petrowizky, et al.

MOTION TO VACATE JUDGMENT

TENTATIVE RULING:

Defendant Raisa Petrowizky’s Motion to Vacate Judgment is CONTINUED TO MAY 28, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY APRIL 22, 2024, DEFENDANT IS TO FILE AND SERVE A MEMORANDUM OF POINTS AND AUTHORITIES AS REQUIRED BY CAL. RULES OF COURT RULE 3.1113. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTION BEING DENIED.

ANALYSIS:

Petitioner Department of Industrial Relations, Labor Commissioner’s Office (“Petitioner”) filed the instant Request That Clerk Enter Judgment And Judgment On Final Order, Decision Or Award Of The Labor Commissioner against Defendant Raisa Petrowizky (“Defendant”) on August 26, 2023. Judgment was entered in favor of Liudmila Averkiyeva (“Plaintiff”) and against Defendant on the same date. Defendant filed the instant Motion to Vacate Judgment on December 21, 2023. No opposition has been filed to date.

The Motion is not accompanied by a memorandum of points and authorities, as required. “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.” (Cal. Rules of Court, Rule 3.1113(b).) The Motion, however, cites no legal authority in support of the request for relief. (Motion, pp. 3:1-5:4.) Indeed, Defendant’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(a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.)

Conclusion

Based on the foregoing, the hearing on Defendant Raisa Petrowizky’s Motion to Vacate Judgment is CONTINUED TO MAY 28, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY APRIL 22, 2024, DEFENDANT IS TO FILE AND SERVE A MEMORANDUM OF POINTS AND AUTHORITIES AS REQUIRED BY CAL. RULES OF COURT RULE 3.1113. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTION BEING DENIED.

Court clerk to give notice.