Motion to Dismiss
Francisco Montoya v. Barry Toole, 23CVP-0099 (Lead Case) (Consolidated with 23CVP-0296)
Hearing: Motion to Dismiss
Date: June 30, 2026
Jorge Mansfield filed an action on September 7, 2023, against Santa Barbara Freight Corp., Pacific Coast Transportation Inc. and Barry Toole (collectively Defendants) (the Mansfield Action). On May 28, 2024, the Court granted an order relieving Mansfield’s counsel. Mansfield has been self-represented since that date.
On September 3, 2024, the Mansfield Action was consolidated with Montoya v. Toole, 23CVP- 0099 (the Montoya Action). The Montoya Action is the lead case. Montoya settled as to the entirety of his case, and on February 2, 2026, Montoya dismissed his entire complaint.
Mansfield has failed to appear in or participate in the action since he became in pro per and Defendants now move to dismiss Mansfield’s complaint pursuant to Code of Civil Procedure section 583.410.
“A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion.” (Cal. Rules of Court, rule 3.1332(a).)
No opposition is on file. However, Defendants’ proof of service for the motion fails to evidence proper service of the motion on Plaintiff. Defendants’ proof of service only declares that the documents were served by electronic service. However, Plaintiff has not filed an agreement to electronic service, as is required with a pro per litigant, and no electronic service address is included in the service list. The service list shows a mailing address and says “via regular U.S. Mail”, but there is no declaration that any documents were actually mailed.
The Court continues hearing on the motion to dismiss for proof of service.
The continued hearing will be set for September 1, 2026, at 9:00 a.m. in Department P2.
Plaintiff shall be served with the moving papers and notice of the continued hearing date by U.S. Mail at both PO Box 268, San Ardo, CA 93450 and 62450 Cattleman Rd., San Ardo, CA 93450. Service shall be made promptly to allow for 45 days’ notice (Cal. Rules of Court, rule 3.1332
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Defendants shall file proof of service of the moving papers and continued hearing date at least one week prior to the continued hearing date.
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