Plaintiff’s Motion to Vacate Judgment – DENIED, without prejudice.
The Court notes that no proof of service has been submitted and the motion was filed less than 16 court days before the hearing, in violation of the provisions of Code Civ. Proc. §1005(b). Moreover, the moving papers do not appear to demonstrate sufficient grounds for the relief sought.
CV-19-003158 – CALLESBENITES, ALMA ROSA VS. CHAPMAN, RICHARD HARVEY – Defendants’ Motion for Judgment on the Pleadings – DENIED.
The instant motion is the incorrect procedural mechanism by which to challenge Plaintiff’s claim for damages, as it is not directed at the sufficiency of one or more causes of action. (Code Civ. Proc. §438(c)(2)(A).)
Hearing Date
September 24, 2020
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Plaintiff’s Motion to Vacate Judgment – DENIED, without prejudice.
The Court notes that no proof of service has been submitted and the motion was filed less than 16 court days before the hearing, in violation of the provisions of Code Civ. Proc. §1005(b). Moreover, the moving papers do not appear to demonstrate sufficient grounds for the relief sought.
CV-19-003158 – CALLESBENITES, ALMA ROSA VS. CHAPMAN, RICHARD HARVEY – Defendants’ Motion for Judgment on the Pleadings – DENIED.
The instant motion is the incorrect procedural mechanism by which to challenge Plaintiff’s claim for damages, as it is not directed at the sufficiency of one or more causes of action. (Code Civ. Proc. §438(c)(2)(A).)