Judge: Mark E. Windham, Case: 23STLC01395, Date: 2023-10-12 Tentative Ruling

Case Number: 23STLC01395    Hearing Date: January 16, 2024    Dept: 26

Dees v. Martinez, et al.

MOTION TO VACATE INVOLUNTARY LIEN

TENTATIVE RULING:

Defendant Ron L. Martinez’s Motion to Vacate Involuntary Lien is DENIED.

ANALYSIS:

Plaintiff Eric B. Dees (“Plaintiff”) filed the instant action against Defendant Ron L. Martinez (“Defendant”) on February 27, 2023. Following Defendant’s failure to file a responsive pleading, default judgment was entered in Plaintiff’s favor on May 24, 2023. Notice of Entry of Judgment was filed on July 28, 2023.

Defendant filed the instant Motion to Vacate Involuntary Lien on September 20, 2023. Plaintiff filed an opposition on October 3, 2023 pointing out that service of the Motion was defective. At the initial hearing on October 16, 2023, the matter was continued to allow Defendant to demonstrate proper service of the moving papers, including a memorandum of points and authorities as required by Cal. Rules of Court Rule 3.1113 and any supporting evidence. (Minute Order, 10/16/23.)

Defendant filed a response to the opposition on December 12, 2023 and Plaintiff filed a “Notice of Non-Compliance with the Court’s Minute Order” on January 2, 2024. The Court agrees with the Notice of Non-Compliance that Defendant’s response still contains no memorandum of points and authorities. (See Response, filed 12/12/23, pp. 4:20-6:28.) As the Court previously noted, “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).) 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

Therefore, Defendant Ron L. Martinez’s Motion to Vacate Involuntary Lien is DENIED.

Court clerk to give notice.