Judge: Martha K. Gooding, Case: 22-01279856, Date: 2023-08-21 Tentative Ruling

Motion for Judgment on the Pleadings

Defendant nextSource Inc’s Motion for Judgment on the Pleadings is DENIED WITHOUT PREJUDICE.

The motion does not comply with the requirements of the Code of Civil Procedure or the Rules of Court, which provide, among other things, that a motion must have a separate “notice of motion.” (Code Civ. Proc., § 1010; Cal. R. Ct. Rule 3.1112; see also Cal. Prac. Guide Civ. Pro. Before Trial at ¶ 9:29.)

Because Plaintiff has not opposed the motion on the merits, the defective notice has not been waived. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Accordingly, the motion is denied without prejudice. (Cal. Prac. Guide Civ. Pro. Before Trial at 9:28.1, citing Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 320-321.)

Finally, the Court advises counsel to review the requirements for a proof of service, because, among other information, the certificates of service do not show “the date and place of deposit in the mail.” (Code Civ. Proc. § 1013a.)

Plaintiff is ordered to give notice.