Judge: Mark E. Windham, Case: LAM09CT3135, Date: 2023-08-31 Tentative Ruling
Case Number: LAM09CT3135 Hearing Date: November 30, 2023 Dept: 26
Collect
Access, LLC v. Williams, et al.
MOTION TO DISMISS
TENTATIVE RULING:
Defendant Bernice Williams’
Motion to Dismiss is DENIED.
ANALYSIS:
Plaintiff Collect Access, LLC (“Plaintiff”)
filed the instant action against Defendant Bernice Williams (“Defendant”) on August
28, 2009. Following Defendant’s failure to file a responsive pleading, the
Court entered default judgment on April 1, 2010. The judgment was renewed on
May 2, 2018.
Defendant filed the instant
Motion to Dismiss on May 18, 2023. The Motion initially came for hearing on
August 31, 2023 at which time the Court continued it to allow Defendant to
provide a supporting memorandum of points and authorities and demonstrate service
of the papers on Plaintiff. (Minute Order, 08/31/23.) To date, no additional
papers have been filed nor has any opposition been filed.
Discussion
First,
the Motion is still not accompanied by a proof of service demonstrating service
of the motion papers and 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.)
Second, the Motion is still not
accompanied by a memorandum of points and authorities, as required. As the
Court previously noted, the Motion offers a one-page argument that the
Complaint contains no facts and that the allegations are incorrect. (Motion,
pp. 1-2.) “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 Bernice
Williams’ Motion to Dismiss is DENIED.
Court clerk to give notice.