Tom Toler v. Paul Gospodarczyk, et al. 21CV000392
MOTION TO VACATE ORDER OF DISMISSAL
TENTATIVE RULING: The motion is DENIED on procedural grounds.
There is no proof of service of the notice of motion or supporting papers on any other
party to the case. (See Code Civ. Proc. § 1005.) “The court lacks jurisdiction to rule on a motion
that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community
Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05.)
In addition, the notice of motion fails to state the nature of the relief sought and the
grounds upon which that relief is sought. (See Code Civ. Proc., § 1010 [“the notice of a motion,
other than for a new trial, must state…the grounds upon which it will be
Hearing Date
August 31, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Tom Toler v. Paul Gospodarczyk, et al. 21CV000392
MOTION TO VACATE ORDER OF DISMISSAL
TENTATIVE RULING: The motion is DENIED on procedural grounds.
There is no proof of service of the notice of motion or supporting papers on any other
party to the case. (See Code Civ. Proc. § 1005.) “The court lacks jurisdiction to rule on a motion
that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community
Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05.)
In addition, the notice of motion fails to state the nature of the relief sought and the
grounds upon which that relief is sought. (See Code Civ. Proc., § 1010 [“the notice of a motion,
other than for a new trial, must state…the grounds upon which it will be