VIDA CAPIITAL GROUP, LLC AND MALCOLM DURHAM’S MOTION TO VACATE THE REQUEST FOR ENTRY OF DEFAULT BY 1893 WOODLAND EPA, LLC AND FOR LEAVE TO FILE DEMURRER AS A RESPONSIVE PLEADING TO THE FIRST AMENDED COMPLAINT
TENTATIVE RULING:
The Motion is continued to February 15, 2018 at 9:00 a.m. in the Law and Motion Department so as to bring it into compliance with CCP §1005.
Defendants correctly point out that the motion was not served in compliance with the notice requirements of CCP §1005. Mail service on December 19, 2017 gave plaintiff 16 court days’ notice but not the additional five calendar days required for mail service. Plaintiff opposes the motion on this basis and has not waived the service defect by addressing the merits of the motion.
To the extent defendants argue CCP §1005 permits the court to shorten time, he concedes that this is typically done prior to filing a motion and offers no authority indicating the court may rule on a motion that was not properly served where the opposi
Hearing Date
January 18, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
VIDA CAPIITAL GROUP, LLC AND MALCOLM DURHAM’S MOTION TO VACATE THE REQUEST FOR ENTRY OF DEFAULT BY 1893 WOODLAND EPA, LLC AND FOR LEAVE TO FILE DEMURRER AS A RESPONSIVE PLEADING TO THE FIRST AMENDED COMPLAINT
TENTATIVE RULING:
The Motion is continued to February 15, 2018 at 9:00 a.m. in the Law and Motion Department so as to bring it into compliance with CCP §1005.
Defendants correctly point out that the motion was not served in compliance with the notice requirements of CCP §1005. Mail service on December 19, 2017 gave plaintiff 16 court days’ notice but not the additional five calendar days required for mail service. Plaintiff opposes the motion on this basis and has not waived the service defect by addressing the merits of the motion.
To the extent defendants argue CCP §1005 permits the court to shorten time, he concedes that this is typically done prior to filing a motion and offers no authority indicating the court may rule on a motion that was not properly served where the opposi