Judge: Robert C. Longstreth, Case: 37-2018-00064341-CU-PN-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Professional Negligence Motion Hearing (Civil) 37-2018-00064341-CU-PN-CTL ST JON VS MARTORELL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Default, 01/14/2022

Plaintiff's Motion to Set Aside Default and Default Judgment is ordered OFF CALENDAR. (ROA 180.) First, Plaintiff was required to serve Defendants with her moving papers and file a proof of service with the court. 'Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.' (Cal. R. Court, rule 3.1300(c).) Plaintiff did not file any proof of service of her papers, so the court is unable to confirm whether Defendants were properly served.

Second, Plaintiff was required to state on the first page of her papers '[t]he date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable.' (Cal. R.

Court, rule 3.1110(b)(1).) Plaintiff's papers fail to identify the hearing, so even if the papers had been properly served on Defendants, they would not have properly informed Defendants of this hearing. This failure is particularly acute in this case, given the long period of time that has elapsed between the filing of the motion and the eventual hearing date.

Defendants, specially appearing, filed an opposition (ROA 196) wherein they do not agree they have been properly served with Plaintiff's moving papers, do not waive their right to proper notice of the motion, and object to the matter being heard.

Accordingly, the court cannot consider Plaintiff's filed motion papers.

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