Judge: Mark E. Windham, Case: 23STLC02592, Date: 2024-11-25 Tentative Ruling

Case Number: 23STLC02592    Hearing Date: November 25, 2024    Dept: 26

Progressive Select Ins. Co. v. Olivas, et al. Case No. 23STLC02592

TENTATIVE RULING:

Defendant Yoel Iribe’s Motion to Dismiss is DENIED. DEFENDANT IS TO FILE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS RULING. 

ANALYSIS: 

On April 20, 2023, Plaintiff Progressive Select Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Nohely Iribe Olivas (“Olivas”). Defendant Yoel Iribe (“Defendant”) was added to the action on June 13, 2023; Olivas was then dismissed on June 23, 2023. Defendant now brings the instant Motion to Dismiss, filed on September 19, 2024. No opposition has been filed to date. 

Discussion 

As an initial matter, the Motion is not accompanied by a proof of service showing notice of the motion and hearing date 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.) 

Second, the Motion is not accompanied by a memorandum of points and authorities, as required. Instead, the Motion offers a one-page argument regarding the merits of the action, without any citation to law. (Motion, p. 1.) “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 

Based on the foregoing, Defendant Yoel Iribe’s Motion to Dismiss is DENIED. DEFENDANT IS TO FILE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS RULING.