SUBJECT: Motion for leave to amend Moving Party: Plaintiff Rushton Halbert Resp. Party: Defendant PRN Medical and Surgical Coverage, LLC. The Court DENIES the motion on the ground that it does not comply with CRC Rule 3.1324. PRELIMINARY NOTE The Court notes that plaintiff’s motion was not timely filed. Code of Civil Procedure section 1005(b) provides that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing. . . .However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California.” (Code Civ. Proc. § 1005, subd. (b). Plaintiff served the instant motion by mail on 01/05/18 and the hearing is scheduled for 02/01/18. Taking into account a court holiday, 01/09/18 was 16 court days before the hearing. An additional five calendar days is required because plaintiff served the motion by mail.
Hearing Date
February 01, 2018
Type
Other Employment Complaint (General Jurisdiction)
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SUBJECT: Motion for leave to amend Moving Party: Plaintiff Rushton Halbert Resp. Party: Defendant PRN Medical and Surgical Coverage, LLC. The Court DENIES the motion on the ground that it does not comply with CRC Rule 3.1324. PRELIMINARY NOTE The Court notes that plaintiff’s motion was not timely filed. Code of Civil Procedure section 1005(b) provides that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing. . . .However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California.” (Code Civ. Proc. § 1005, subd. (b). Plaintiff served the instant motion by mail on 01/05/18 and the hearing is scheduled for 02/01/18. Taking into account a court holiday, 01/09/18 was 16 court days before the hearing. An additional five calendar days is required because plaintiff served the motion by mail.