Judge: Wesley L. Hsu, Case: 22PSCP00068, Date: 2023-03-30 Tentative Ruling

Case Number: 22PSCP00068    Hearing Date: March 30, 2023    Dept: L

On January 25, 2023, the instant motion was filed (and mail-served to Lewis and Figueroa Street only) and set for hearing on February 21, 2023. [Note: The declaration accompanying the motion references personal service having been made, but this statement contradicts the proof of service concurrently filed therewith]. This reflects insufficient Code of Civil Procedure §§ 1005, subdivision (b) notice (i.e., 16 court days plus an additional 5 calendar days for mail service). Monday, February 13, 2023, and Monday, February 20, 2023 were court holidays and are thus excluded from the notice period. Although the motion was timely filed, it was not timely served as to Lewis and Figueroa Street. Mail service should have been effectuated no later than Saturday, January 21, 2023. Additionally, California Rule of Court (“CRC”) Rule 3.1362, subdivision (d) requires that “[t]he notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.” (Emphasis added). The proof of service reflects that service was not made on “all other parties.” On February 21, 2023, the court continued the hearing to February 28, 2023. The court’s February 28, 2023, minute order reflects, in relevant part, as follows: “Plaintiff requests to continue the matter to March 30, 2023, at 10:30 a.m. for proper notice of the instant matter; the Court grants the request. Plaintiff is to provide notice.” There is no indication on ecourt (i.e., as of March 23, 2023, 9:45 a.m.) that Plaintiff’s counsel has provided notice of the rescheduled March 30, 2023, hearing date.