Motion: Motion to Vacate Judgment and Enter Dismissal
Tentative Ruling: To deny plaintiff Discovery Bank’s motion to vacate judgment and enter dismissal without prejudice
California Rule of Court 3.1113(a) mandates that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported.
Rule 3.1113 (b) further instructs that “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. “
From a review of plaintiff Discover Bank’s moving papers for this motion to vacate judgment and enter dismissal, the Court notes that no memorandum of points and authorities was filed with
Hearing Date
February 06, 2018
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Motion: Motion to Vacate Judgment and Enter Dismissal
Tentative Ruling: To deny plaintiff Discovery Bank’s motion to vacate judgment and enter dismissal without prejudice
California Rule of Court 3.1113(a) mandates that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported.
Rule 3.1113 (b) further instructs that “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. “
From a review of plaintiff Discover Bank’s moving papers for this motion to vacate judgment and enter dismissal, the Court notes that no memorandum of points and authorities was filed with