Judge: Theodore R. Howard, Case: 20-1136400, Date: 2022-08-18 Tentative Ruling

The hearing on Petitioner’s/Judgment Creditor’s request for a determination of third-party Claim of BoostAddict.com LLC is CONTINUED to September 22, 2022, at 1:30 pm in Dept. C18.

At least 16 court days before the hearing, the petitioner is required to have served the notice of hearing on the opposing party, and file a copy of the notice of hearing with the levying officer. (Code Civ. Proc., §§ 720.320, 1005(b).)  If the notice is served by regular mail, the required 16-court-day notice period is increased by five calendar days if the places of mailing and address are within California. (CCP §§ 720.320(a), 1005(b).)

Here, notice of the August 18, 2022 hearing was served by mail on July 25, 2022, making the notice of hearing untimely served.  As a result, the Court orders the following:

The hearing to determine the validity of third-party Claim of BoostAddict.com LLC is continued to September 22, 2022, at 1:30 pm in this department.

Petitioner shall serve notice of the continued hearing pursuant to code and shall file a proof of service no later than five court days prior to the continued hearing.