Notice of Change of Address or Other Contact Information
California Rules of Court
California Rule of Court, rule 2.200 states: “An attorney or self-represented party whose mailing address, telephone number, fax number, or e-mail address (if it was provided under rule 2.111(1)) changes while an action is pending must serve on all parties and file a written notice of the change.” Thus, counsel has an obligation to file and serve all parties, in an action that involves counsel, with the Notice of Change of Address. (Cal. Rules of Ct., Rule 2.200.) Until such notice is filed and served on all parties, service directed to the address on file with the court is presumed valid. (Sweeting v. Murat (2013) 221 Cal.App.4th 507, 513-514.)
Notice of Change of Address and Consolidated Cases
If cases become consolidated, a party that is serving a Notice of Change of Address must serve the notice on all parties in the consolidated case as opposed to only parties in the serving party’s original case. (See Ca. Rules of Ct., Rule 2.200.)
Notice of Change of Address and Excusable Neglect
A matter of inadvertence or excusable neglect may be held when Plaintiff serves Defense counsel's old address after Defense counsel had sent a Notice of Change of Address, i.e., it appears likely that Plaintiff's counsel failed to properly update its records after receiving the Notice of Change of Address. Such a defect would warrant a continuance to provide time for adequate service so that the opposition brief could be considered and so that Defendant could have time to prepare and file a proper reply brief. (See Code Civ. Proc. § 473(b).)
If there are service issues that likely could have been avoided by parties entering into an agreement for electronic service under Code of Civil Procedure § 1010.6(a)(2) and California Rules of Court, Rule 2.253(b), the court may ask why parties have not entered into such an agreement.
Presumption of Receipt
Evidence Code Section 641 provides: “A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.” A presumption of receipt is rebutted by testimony denying receipt. (Bear Creek Master Ass'n v. Edwards (2005) 130 Cal.App.4th 1470, 1486.) However, the disappearance of the presumption does not mean there is insufficient evidence to support a finding of receipt of notice. (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 421.) If the adverse party denies receipt, the presumption is gone from the case. But the trier of fact must then weigh the denial of receipt against the inference of receipt arising from proof of mailing and decide whether or not the letter was received. (Id. at p. 422; Bear Creek Master Ass'n v. Edwards, supra, at p. 1486.)
Judicial Council Form
Judicial Council Form MC-040 is for Notice of Change of Address or Other Contact Information.
176-200 of 10000 results
The Demurrer brought by defendant Therese Gallagher (Defendant) is OVERRULED in its entirety. Defendant shall have 10 days to answer or otherwise plead. (Cal. Rules of Court, rule 3.1320(j).) To the extent that the demurring papers make reference to a motion to strike, any hearing on such a motion is not properly on calendar because Defendant did not obtain a hearing date for that motion from the...
..94-year-old, that included bathing, transporting, and assisting with medication. Plaintiff allegedly worked 12-hour shifts (from 7 a.m. to 7 p.m.) and worked between 5 and 7 days per week. Plaintiff is alleging violations of the Domestic Worker Bill of Rights, other various wage and hour violations, and unfair business practices. The matter presently before the Court contains numerous procedural d...
Mar 21, 2019
- Judge Timothy M. Casserly
San Diego County, CA
Nature of Proceedings: Motion: Declare Plaintiffs Vexatious Litigants The court grants the requests for judicial notice of the records and files of San Luis Obispo Superior Court Case No. 17CVP-0260. (Evid. Code, § 452, subd. (d).) The court declines to take judicial notice of Exhibit A titled “Historical Timeline—San Luis Obispo Superior Court 17CVP-0260” created by attorney Shae Luchetta on...
..e Macciola Trust, James Cella, Holly Lundbeck, trustee of the Holly Lundbeck Family Trust, Gary Thatcher, and Richard Algert and Nancy Algert as trustees of the Algert Trust (“Neighbors”) filed a complaint for quiet title to deeded easement, prescriptive easement, easement by necessity, equitable easement, and trespass against David Harms and Jolene Harms (“plaintiffs” or “Harms”). Briefly, Neighb...
Jun 25, 2019
- Judge James F. Rigali
Santa Barbara County, CA
TENTATIVE RULING Calendar: 7 Date: 10/19/18 Case No: EC 065396 Case Name: Chicago Title Insurance Company v. Talukder, et al. MOTION FOR RELIEF "Mistake, Inadvertence, Surprise, or Neglect" (CCP §473) Moving Party: Defendant Mahboob Talukder Responding Party: Plaintiff Chicago Title Insurance Company RULING: Motion to Set Aside Default and Default Judgment is GRANTED pursuant to CCP §47...
..Complaint, RELIEF REQUESTED: Set aside default and default judgment (enteredMarch 9, 2018, June 4, 2018) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Chicago Title Insurance Company alleges that in April of 2003, Penny Martin-Dougherty, the then owner of real property in North Hollywood, became in default on her two deeds of trust, and the senior lender recorded its Notice of Default on the...
Oct 19, 2018
Personal Injury/ Tort
- Judge Ralph C. Hofer
Los Angeles County, CA
Defendant Fountain Valley Regional Hospital and Medical Center’s (“Hospital”) motion for summary judgment on Plaintiff Jason Gardner’s Complaint is granted. Service of Motion Was Proper On December 11, 2019, Plaintiff filed an objection to Hospital’s moving papers, contending the moving papers were not properly served on him. Plaintiff continues to use the same address in the captions of the paper...
..included a fax number and did not include a new mailing address. This assertion is inaccurate. Plaintiff filed a notice of change of address in Gardner v. Care Ambulance, Inc. (Orange County Superior Court case no. 30-2018-01015636) on June 10, 2019. This filing was prior to the Court’s consolidation of the Plaintiff’s cases against Care Ambulance, Inc., Hospital, and the City of Costa Mesa. The n...
Dec 20, 2019
- Judge Deborah C SERVINO
Orange County, CA