Judge: Olivia Rosales, Case: 19STCV31792, Date: 2022-10-13 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 19STCV31792    Hearing Date: October 13, 2022    Dept: SEC

HAMILTON v. CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION

CASE NO.:  19STCV31792

HEARING:  10/13/22

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TENTATIVE ORDER

Petitioner BENNIE HAMILTON’s First Amended Petition for Relief from Government Code §945.4 is CONTINUED to Thursday, December 8, 2022 at 9:30 a.m. in Dept. SE-C.

Court Clerk to give notice.

On May 16, 2022, Petitioner filed a Request to Set Date for Hearing of Petition to be Relieved from Government Code 945.4. On July 14, 2022, this Court gave Notice of the Hearing on the Petition for October 13, 2022 at 10:30 a.m. Although this Notice was served by the clerk of Court via U.S. mail, Petitioner was also ordered to give notice of this hearing and to file proof of service. To date, no proof of service has been filed. (Notice of Hearing on the Petition was also provided on May 20, 2022 with a hearing date of July 28, 2022, but that hearing was vacated).

In Opposition, Respondent indicates that it is “unsure whether the Court wishes to conduct a hearing on Plaintiff’s ‘Motion for Hearing’ or to consider the Plaintiff’s ‘First Amended Petition’ that Plaintiff requested a hearing on….” (Opp. 2:1-3.)

No Reply has been filed as of October 11, 2022.

To be clear, the Court is prepared to adjudicate the merits of Petitioner’s First Amended Petition (as requested in the Request filed on May 17, 2022). In order to ensure that all parties have notice of the purpose of this hearing, this matter is being CONTINUED as indicated above in the interests of justice and judicial efficiency. Petitioner is granted leave to file and serve a Reply to Respondent’s Opposition per Code in accordance with the new hearing date.