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.
Hearing Date
April 09, 2015
Category
Civil - Unlimited
Type
Misc Complaints - Other
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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.