Judge: Mark E. Windham, Case: 22STLC06164, Date: 2024-07-15 Tentative Ruling

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Case Number: 22STLC06164    Hearing Date: July 15, 2024    Dept: 26

  

California Casualty Indemnity Exchange v. Young, et al.

MOTION TO VACATE JUDGMENT

TENTATIVE RULING:

 

Defendant Jawaun De Anthony Young’s Motion to Vacate Judgment is DENIED.

 

 

ANALYSIS:

 

Plaintiff California Casualty Indemnity Exchange (“Plaintiff”) filed this action for insurance subrogation against Defendant Jawaun De Anthony Young (“Defendant”) on September 22, 2022. Default judgment was entered against Defendant on February 8, 2023.

 

Defendant filed the instant Motion to Vacate Judgment on June 20, 2024. No opposition has been filed to date.

 

First, the Motion is not accompanied by any proof of service demonstrating service of the motion papers or notice of hearing on Plaintiff. 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.)

 

Also, 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, Defendant Jawaun De Anthony Young’s Motion to Vacate Judgment is DENIED.

 

 

Court clerk to give notice.