Judge: Michael Shultz, Case: 23STCV28020, Date: 2024-11-12 Tentative Ruling
DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call.
Case Number: 23STCV28020 Hearing Date: November 12, 2024 Dept: 40
23STCV28020 Erin Joyce dba Erin Joyce Law
[TENTATIVE] ORDER
Plaintiff
filed this action on November 15, 2023, alleging claims for breach of contract,
quantum meruit and a common count arising from Defendant’s alleged failure to pay
for legal servicers provided by Plaintiff. Defendant filed a Motion
for Leave to File 20-Page Demurrer. quash service of summons on
January 18, 2024.
Defendant’s
motion is taken off calendar for failure to serve Plaintiff. The proof of
service indicates that Defendant filed the motion in the court’s e-filing
system but does not indicate the motion was delivered to Plaintiff. (Code
Civ. Proc., § 1013.) The proof of service also does not make the required
disclosures with respect to service of the motion on Plaintiff. (Code
Civ. Proc., § 1013a.) While a party or
other person “may serve documents electronically directly, by an agent, or
through a designated electronic filing service
provider, " (Ca Rules of Court,
Rule 2.251, subd., (f).) “Under rule 3.1300(c), proof of electronic service of the
moving papers must be filed at least five court days before the hearing." (Ca
Rules of Court, Rule 2.251, subd., (j); see Code Civ. Proc., § 1013b.)