Tentative Ruling: On March 13, 2013, plaintiff filed the Complaint. On April 8, 2015, Judgment was entered for defendants. On June 3, 2015, plaintiff filed a Notice of Appeal that is still pending. In January 2019, plaintiff recorded a lis pendens against the subject property. On November 18, 2019, defendants filed this motion.
Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court’s tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally-deficient motion. Based solely upon defendants’ failure to comply with Local Rule 3.3.7, defendants’ motion would be DENIED without prejudice.
However, in the interests of justice and judicial economy, the Court reaches the merits. Defendants’ request for judicial notice is GRANTED as to Exhibit A through I pursuant to Evidence Code sections 452 and 453.
Substantively
Hearing Date
December 20, 2019
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Tentative Ruling: On March 13, 2013, plaintiff filed the Complaint. On April 8, 2015, Judgment was entered for defendants. On June 3, 2015, plaintiff filed a Notice of Appeal that is still pending. In January 2019, plaintiff recorded a lis pendens against the subject property. On November 18, 2019, defendants filed this motion.
Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court’s tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally-deficient motion. Based solely upon defendants’ failure to comply with Local Rule 3.3.7, defendants’ motion would be DENIED without prejudice.
However, in the interests of justice and judicial economy, the Court reaches the merits. Defendants’ request for judicial notice is GRANTED as to Exhibit A through I pursuant to Evidence Code sections 452 and 453.
Substantively