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.