Applegate v. Everts

# Case Name Tentative

Should Plaintiffs still wish to pursue the proposed amendments to include a conspiracy claim against Defendants Richter, Mello and Fast Eviction Service, Plaintiff shall file and validly serve a renewed petition, accompanied by evidence and the proposed pleading, and file a proof of service that complies with the requirements of the Code of Civil Procedure.

Clerk shall provide notice. Service of the notice upon Plaintiffs shall be by U.S. Mail.

56. Applegate v. Defendant Brockton Everts’ Motion to Set Aside the Default is Everts CONTINUED to September 21, 2026 at 2:00 p.m. in Department C28. 2025- 01507318 “Before filing any document, a party must serve . . . one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule.” (CRC, Rule 8.817, subd. (a)(1).) In addition, “[t]he party must attach to the document presented for filing a proof of service showing service on each person or entity required to be served. . . .” (CRC, Rule 8.817, subd. (a)(2).) “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” (CRC, Rule 3.1300, subd. (c).)

Here, Defendant has failed to file a valid proof of service of the motion on the opposing party. Therefore, the hearing is continued to allow Defendant to properly serve and file the motion and proof of service in accordance with the Code.

Defendant shall serve the motion and supporting documents no later than July 17, 2026, and file a proof of service with the court within 5 days of service.

Plaintiff is urged to familiarize himself with the Rules of Court as well as the Code of Civil Procedure. “Mere self- representation is not a ground for exceptionally lenient treatment. Except when a particular rule provides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985.)

Clerk shall provide notice of this ruling.

57. OCMH Inc. Defendant Shipjoy, LLC’s motion to set aside default and v. Daniel default judgment is GRANTED. (Code Civ. Proc., § 473, subd. (b).)