Judge: Richard S. Whitney, Case: 37-2020-00029050-CU-CO-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2020-00029050-CU-CO-CTL PENNINGS VS SAUNDERS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFFS' MOTION TO STRIKE ANSWER AND ENTER DEFAULT OF DEFENDANT is off calendar.

Plaintiffs HAYLEY PENNINGS and BRIAN PENNINGS ('Plaintiffs') filed this motion three times – on June 29, 2023, August 3, 2023, and September 6, 2023. Each time Plaintiffs failed to file any proof of service, a mistake that was made in the past as to other motions filed by Plaintiffs. As the Court does not know whether Defendant Trevor Saunders ('Defendant') was properly served with the motion papers, the Court cannot rule on the motion. The motion is off calendar. Plaintiffs' counsel is admonished to ensure proofs of service are properly filed with motions in the future.

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