# 8. Maria Rocha v. Tony’s MHS, Inc., et al.
Case No.: TC029156
Matter on calendar for: Motion for Summary Judgment
Tentative ruling:
Background
Plaintiff Maria Rocha allegedly hired defendants Tony’s MHS, Inc., and Ronald Zablan, erroneously sued as Ronald Nabuau, to work on her mobile home. Although Rocha paid the defendants, they did not perform their alleged obligations under the contract. Zablan is self-represented.
Plaintiff now moves for summary judgment. Plaintiff filed and served her motion for summary judgment on October 22, 2019. Motions for summary judgment must be filed and served 75 calendar days before the hearing. (C.C.P., § 437c(2).) This is a jurisdictional requirement that cannot be cured by a continuance. Plaintiff’s subsequent proofs of service showing the motion was re-served and that the hearing was continued do not suffice; Plaintiff must reserve the motion with a new original hearing date.
The motion for summary judgment is taken off-calendar.
Ruling
T
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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# 8. Maria Rocha v. Tony’s MHS, Inc., et al.
Case No.: TC029156
Matter on calendar for: Motion for Summary Judgment
Tentative ruling:
Background
Plaintiff Maria Rocha allegedly hired defendants Tony’s MHS, Inc., and Ronald Zablan, erroneously sued as Ronald Nabuau, to work on her mobile home. Although Rocha paid the defendants, they did not perform their alleged obligations under the contract. Zablan is self-represented.
Plaintiff now moves for summary judgment. Plaintiff filed and served her motion for summary judgment on October 22, 2019. Motions for summary judgment must be filed and served 75 calendar days before the hearing. (C.C.P., § 437c(2).) This is a jurisdictional requirement that cannot be cured by a continuance. Plaintiff’s subsequent proofs of service showing the motion was re-served and that the hearing was continued do not suffice; Plaintiff must reserve the motion with a new original hearing date.
The motion for summary judgment is taken off-calendar.
Ruling
T