2. CV59212 Katherine Mumford v. Paul Tosti, et al.
Motion: Vacate default and default judgment
Moving party: Defendant Paul Tosti
Motion filed: September 28, 2018
Tentative ruling: The motion is DENIED without prejudice due to untimely filing and service.
Analysis
The minute order from the August 14, 2018, hearing re Defendant Paul Tosti’s August 6, 2018, ex parte application to vacate default and default judgment reflects that the parties agreed to set a motion on the same subject to be heard at a later date. The Court set the October 19, 2018, hearing date and ordered that the motion be filed pursuant to the Code of Civil Procedure.
The instant motion was signed on September 27, 2018, and filed on September 28, 2018.
These dates do not comply with Code of Civil Procedure section 1005, subdivision (b). As of October 17, 2018, proof of service of the instant motion had not been filed. (See Cal. Rules of Court, rule 3.1300, subd. (c) [requiring proof of service to be filed no la