Judge: Michael J. Strickroth, Case: 2023-01304328, Date: 2023-08-21 Tentative Ruling

Motion to Set Aside Judgment

Plaintiff Jack Finnegan’s “Motion for an Order to Set Aside in an Independent Judgment Obtained Under Circumstances of Fraud, and Deceit, that Prevented a Fair Hearing” is DENIED.

First, Plaintiff has provided no evidence that he properly served this Motion pursuant to Code of Civil Procedure § 1005(b), nor filed a proof of service according to California Rules of Court, rule 3.1300(c).

Second, it is unclear what relief is sought. Relief must be stated in the notice of motion. Moreover, the notice of motion must state in the first paragraph exactly what relief is sought and the grounds on which the relief is sought. Code Civ. Proc. § 1010; California Rule of Court, rule 3.1110(a); see People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726 (citing text). Generally, the court generally cannot grant different relief, or relief on different grounds, than stated in the notice of motion. Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124; Blumenthal v. Sup.Ct. (1980) 103 Cal.App.3d 317, 320. Here, it is unclear what the Motion is seeking.

Third, the memorandum does not comply with California Rules of Court, rule 3.1113(b). California Rules of Court, rule 3.1113(b), states, “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.” Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (Quantum) (2011) 197 Cal.App.4th 927, 934, explains, “Rule 3.1113 rests on a policy-based allocation of resources, preventing the trial court from being cast as a tacit advocate for the moving party's theories by freeing it from any obligation to comb the record and the law for factual and legal support that a party has failed to identify or provide. On the record in this case, the trial court was justified in declining to look beyond that failure.” Here, it is unclear what the facts, law, and evidence support Plaintiff’s argument.

Based on the foregoing, the Court DENIES Plaintiff Jack Finnegan’s “Motion for an Order to Set Aside in an Independent Judgment Obtained Under Circumstances of Fraud, and Deceit, that Prevented a Fair Hearing”.

Clerk to give notice.