Motion to Strike Answer and Cross-Complaint
34-2022-00314285-CU-BT-GDS: Adel Park LLC, a California limited liability company vs. Accelerated Growth Solutions LLC, a California limited liability company 10/30/2024 Hearing on Motion to Strike Answer and Cross-Complaint in Department 53
Tentative Ruling
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TENTATIVE RULING: The notice of motion again does not provide the correct address for this Courts Dept. 53/54.
Plaintiff/cross-defendants motion to strike defendant/cross-complainant Accelerated Growth Solutions, LLCs (AGS) answer and cross-complaint is ruled upon as follows.
On 10/2/2024, this Court issued an ex parte order setting this matter for hearing on 10/30/2024, adding that the moving, opposing and reply papers are to be filed and served in accordance with Code of Civil Procedure §1005(b).
34-2022-00314285-CU-BT-GDS: Adel Park LLC, a California limited liability company vs. Accelerated Growth Solutions LLC, a California limited liability company 10/30/2024 Hearing on Motion to Strike Answer and Cross-Complaint in Department 53
According to the proofs of service attached thereto, the moving papers were served on defendant/cross-complainant AGS by U.S. Mail on 10/4/2024. However, service of the moving papers by U.S. Mail on 10/4/2024 for a hearing on 10/30/2024 does not provide 16 court days plus five (5) additional calendar days notice as required by Code of Civil Procedure §1005(b). (See, Code Civ. Proc. §12c.)
While the proofs of service also list purported email addresses for several individuals ostensibly connected with AGS, nowhere do the proofs of service affirmatively state the moving papers were also actually served by email to any or all of the listed email addresses nor do the proofs of service otherwise reflect compliance with the prerequisites specified in Code of Civil Procedure §1010.6(c) for electronic service on an unrepresented party.
In the end, coupled with CRC Rule 3.1300(c)s requirement that proof of service of the moving papers be filed at least five (5) court days prior to the scheduled hearing date, this Court finds that the moving party failed to provide adequate notice of the present motion and therefore this motion shall be DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this motion. (See, e.g., Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.)
Moving party to provide notice of this ruling and file proof of service of same no later than 11/6/2024.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)