Defendant the State of California’s demurrer to Plaintiff’s Complaint is continued to 11/29/18 to permit proper service (unless Defendant can demonstrate proper service was already effected). No proof of service was filed with the moving papers. Cal. Rules of Court, Rule 3.1300(c) states that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” As a result, because this Court has no way of knowing whether Plaintiff was served with the Motion, as no opposition was filed, Defendant is ordered to file a proof of service showing service of the Motion and/or to effect proper service in conjunction with the continued hearing date. Defendant is ordered to give notice of this ruling.
Hearing Date
October 18, 2018
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Defendant the State of California’s demurrer to Plaintiff’s Complaint is continued to 11/29/18 to permit proper service (unless Defendant can demonstrate proper service was already effected). No proof of service was filed with the moving papers. Cal. Rules of Court, Rule 3.1300(c) states that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” As a result, because this Court has no way of knowing whether Plaintiff was served with the Motion, as no opposition was filed, Defendant is ordered to file a proof of service showing service of the Motion and/or to effect proper service in conjunction with the continued hearing date. Defendant is ordered to give notice of this ruling.