Judge: Melvin D. Sandvig, Case: 23CHCV02734, Date: 2025-03-05 Tentative Ruling
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Case Number: 23CHCV02734 Hearing Date: March 5, 2025 Dept: F47
Dept. F47
Date: 3/5/25
TRIAL DATE: 9/29/25
Case #23CHCV02734
PRELIMINARY
INJUNCTION
Motion filed on 10/7/24.
MOVING PARTY: Plaintiff Rivervillage Neighborhood
Association
RESPONDING PARTY: Defendant Anthony Hill
RULING: The motion is placed off calendar.
This action arises out of Plaintiff Rivervillage
Neighborhood Association’s (Plaintiff) claim that Defendant Anthony Hill
(Defendant) the owner of real property located at 22351 Windriver Court, Santa
Clarita, California 91350 (the Property) which is located within the community
governed by Plaintiff has violated Plaintiff’s governing documents with certain
construction activities on the Property including adding a balcony, replacing
windows, pushing back the year yard and adding two slider doors to the balcony,
without obtaining prior approval from Plaintiff’s Design Review Committee as
required by Article VII of the CC&Rs.
On 9/12/23, Plaintiff filed this action against Defendant
for: (1) Breach of CC&Rs and Declaratory Relief. On 12/4/23, representing himself, Defendant
answered the complaint. On 10/7/24,
Plaintiff filed the instant motion seeking a preliminary and permanent
injunction and order instructing Defendant to restore the unauthorized balcony
to the property located at 22351 Windriver Court, Santa Clarita, California
91350 to its original condition, and to comply with the tree requirements in
the rear yard of the Property as set forth in Plaintiff’s Community Design
Guidelines.
The proofs of service attached to the moving papers
indicate the papers were served on Defendant on 10/7/24 by electronic service,
only.
With regard to electronic service of documents on an
unrepresented party such as Defendant, CCP 1010.6 provides, in relevant part:
“(c)(1) This subdivision applies to
electronic service by consent of an unrepresented person in a civil action.
(2) An unrepresented party may
consent to receive electronic service.
(3) Express consent to electronic
service may be given by either of the following:
(i) Serving a notice on all parties
and filing the notice with the court.
(ii) Manifesting affirmative
consent through electronic means with the court or the court's electronic
filing service provider, and concurrently providing the party's electronic
address with that consent for the purpose of receiving electronic service. The
act of electronic filing shall not be construed as express consent.
(4) A person who has provided
express consent to accept service electronically may withdraw consent at any
time by completing and filing with the court the appropriate Judicial Council
form.
(5) Consent, or the withdrawal of
consent, to receive electronic service may only be completed by a person
entitled to service.”
Here, there is no evidence that Defendant has consented to
electronic service in this action and there is no opposition or other response
to the motion by Defendant to cure the defect in notice. Therefore, the matter is placed off calendar.