Defendant Twyla Bowman’s Notice of Demand for Dismissal
The court notes the current motion suffers from significant procedural defects that prevent the court from reaching the merits of the request. Initially, defendant failed to provide plaintiff with the proper amount of notice for the motion. Motions require 16 court days notice prior to the hearing date, which is extended by 5 calendar days if the motion is served by mail. (Code of Civil Procedure section 1005(b).) This motion was served by mail, which required defendant to provide plaintiff with an additional 5 days notice. (Ibid.) Instead, defendant only provided plaintiff with 13 days notice. While the court may overlook harmless procedural errors, the lack of notice impacts the substantial rights of plaintiff and cannot be ignored. (Id. at Section 475; Morgan v. AT&T Wireless Services, Inc. (2009) 177 Cal.App.4th 1235, 1252.)
Defendant’s memorandum, which is 46 pages in length, is also well over the 15 page limit for memoranda
Hearing Date
July 05, 2018
Type
Real Property: Other (26)
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Defendant Twyla Bowman’s Notice of Demand for Dismissal
The court notes the current motion suffers from significant procedural defects that prevent the court from reaching the merits of the request. Initially, defendant failed to provide plaintiff with the proper amount of notice for the motion. Motions require 16 court days notice prior to the hearing date, which is extended by 5 calendar days if the motion is served by mail. (Code of Civil Procedure section 1005(b).) This motion was served by mail, which required defendant to provide plaintiff with an additional 5 days notice. (Ibid.) Instead, defendant only provided plaintiff with 13 days notice. While the court may overlook harmless procedural errors, the lack of notice impacts the substantial rights of plaintiff and cannot be ignored. (Id. at Section 475; Morgan v. AT&T Wireless Services, Inc. (2009) 177 Cal.App.4th 1235, 1252.)
Defendant’s memorandum, which is 46 pages in length, is also well over the 15 page limit for memoranda