Layman, Zeke v. Autumn Creek Post Acute
Petition for Alternative Writ of Mandate; OSC re: Preliminary Injunction; Motion for Temporary Restraining Order
Motion type
Parties
Ruling
11. 26CV00104 Jennifer L Mitchell LLC v. Burgess and Sons Construction LLC
EVENT: Motion for Prevailing Party Attorney Fees
Motion for Prevailing Party Attorney Fees is GRANTED. Attorney fees and costs are awarded in the sum of $4,312.79. The Court will sign the proposed order.
12. 26CV00246 In re: Siemeng, Matthew
EVENT: Change of name (adult)
The Court is in receipt of the proof of publication and will sign the decree provided.
13-15. 26CV00449 Layman, Zeke v. Autumn Creek Post Acute
EVENT: (1) Petition for Alternative Writ of Mandate (2) OSC re: Preliminary Injunction (3) Motion for Temporary Restraining Order
In light of the Amended Petition filed on March 16, 2026, the OSC re: preliminary injunction is moot. (The Court notes that the TRO was previously denied) Because Respondents have yet to appear in the case, the filing of the Amended Petition re-sets Petitioner’s service of process obligations. Under these circumstances, the Amended Petition must be served consistent with the rules regarding the service of summons. (See Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 442) The proof of service filed on 3/16/26 with respect to the Amended Petition does not meet the service requirements of the service of summons. Because the Amended Petition does not indicate what type of entity Respondent is (i.e. a corporation, a DBA, etc.) it is unclear
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what standard for service under the code of Civil Procedure is applicable. In any event, service by mail of the Amended Petition is not sufficient under these circumstances. At a minimum, there needs to be personal delivery of the amended petition by someone over the age of 18 who is not a party to the case and a notice of the hearing date to Respondents. The hearing is continued May 27, 2026 at 9:00am. The clerk is directed to mail notice of the hearing as follows: Respondent Autumn Creek Post Acute and Real Party in Interest Melissa Power 587 Riol Lindo Ave. Chico, CA 95926
16. 26CV00503 In re: Timmons, Lee Shara
EVENT: Change of name (adult)
The Court is in receipt of the proof of publication and will sign the decree provided.
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