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