Judge Mark E. Windham, Case Number: 23STCP00718, Date: 2023-07-10 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Oliveros v. Oliveros, et al.

PETITION FOR UNPAID WORK / CIVIL HARASSMENT

Petitioner Juana Oliveros (“Petitioner”) filed the instant Petition for Unpaid Work / Civil Harassment against Respondent Diana Oliveros (“Respondent”) on March 6, 2023. Respondent filed a response and cross-complaint for defamation and emotional stress on April 27, 2023. The Petition alleges that Petitioner was not paid for work she did for Respondent at a store and Respondent’s friend came to the store and threatened Petitioner. However, it cannot be determined from the Petition what legal relief Petitioner seeks.

Also, the Petition 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.)

Finally, no proof of service showing that Notice of Hearing Date was served on Respondent has been filed with the Court. The Court ordered Petitioner to give Respondent notice of the hearing date. (Notice of Hearing Date, 03/06/23.) 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 Juana Oliveros’ Petition for Unpaid Work / Civil Harassment is DISMISSED.