Defendant Jeffery Hulett ("Defendant")'s motion for attorneys' fees and costs is granted in part and denied in part.
Plaintiffs Erin Hawk and Jeremiah Miller (collectively, "Plaintiffs")'s request for judicial notice is denied because the court need not rely on that information in resolving the motion. See Jordache Enter., Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal. 4th 739, 748 n. 6.
Plaintiffs' assertion that Defendant provided inadequate notice of the motion is unavailing. Defendant served Plaintiffs with the motion on March 11, 2020 (ROA No. 81). Plaintiffs' counsel appeared at the June 10, 2020 status conference and was given notice that the hearing would be held August 7, 2020 (ROA No. 101). In addition, Plaintiffs filed a timely opposition. They do not assert – and the court does not find – prejudice resulting from Defendant's failure to properly re-notice the motion. See Carlton v. Quint (2000) 77 Cal. App. 4th 690, 697.
California Code of Civil Procedure ("CCP") § 42
Hearing Date
August 06, 2020
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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Defendant Jeffery Hulett ("Defendant")'s motion for attorneys' fees and costs is granted in part and denied in part.
Plaintiffs Erin Hawk and Jeremiah Miller (collectively, "Plaintiffs")'s request for judicial notice is denied because the court need not rely on that information in resolving the motion. See Jordache Enter., Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal. 4th 739, 748 n. 6.
Plaintiffs' assertion that Defendant provided inadequate notice of the motion is unavailing. Defendant served Plaintiffs with the motion on March 11, 2020 (ROA No. 81). Plaintiffs' counsel appeared at the June 10, 2020 status conference and was given notice that the hearing would be held August 7, 2020 (ROA No. 101). In addition, Plaintiffs filed a timely opposition. They do not assert – and the court does not find – prejudice resulting from Defendant's failure to properly re-notice the motion. See Carlton v. Quint (2000) 77 Cal. App. 4th 690, 697.
California Code of Civil Procedure ("CCP") § 42