Judge: Ronald F. Frazier, Case: 37-2020-00017840-CU-OR-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Other Real Property Summary Judgment / Summary Adjudication (Civil) 37-2020-00017840-CU-OR-CTL JUAREZ VS ENCORE AMERICAN INVESTMENTS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Encore American Investments, Inc. and FCI Lender Services, Inc.'s Motion for Summary Judgment is ordered off calendar. No moving papers were ever filed with the court.

'Failure to file a Motion for Summary Judgment and/or Summary Adjudication after reserving a date with the calendar clerk, or failing to call the independent calendar clerk to take the hearing off calendar no later than two days after the last date to serve moving papers pursuant to Code of Civil Procedure, section 437c, shall be deemed a waste of judicial resources and a violation of local rules.' (San Diego Superior Court Local Rule 2.1.19(A).) Counsel should have called the department and taken the motion off calendar so the court could have accommodated other litigants on this law and motion calendar in compliance with the local rules. (San Diego Superior Court Local Rule 2.1.20.) An OSC re: Sanctions per Code of Civil Procedure section 177.5 and Local Rule 2.1.20 is set for September 15, 2023 at 10:30 a.m. Counsel to be sanctioned are Defendants' counsel Timothy Ryan, Andrew Mase, and Rosty Gore of The Ryan Firm.

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