The application for order for sale of the dwelling was filed on December 31, 2014. The first OSC why order for sale should not issue was signed 1/2/15 and the hearing set for 2/23/15. At the time of the OSC on 2/23/15, no proof of service of the OSC was filed and the hearing was continued to 4/9/15 with a new OSC issuing.
There is still no proof of service of the OSC as required under CCP 704.770(b).
A hearing on an application must be set within 45 days after the application for sale of the dwelling is filed. (CCP 704.77(a).) The application was filed on 12/31/14 and 45 days expired on 2/14/15. At the hearing set 2/9/15, however, no service had been made and the hearing was continued. A new application with updated information, if any, must be filed before the matter can be reset for hearing if the OSC has not been properly served.