KENDALL VS. HAT CREEK CONSTRUCTION & MATERIALS, INC.

CASE NUMBER: 25CV-0208306 Tentative Ruling on Motion for Leave to File First Amended Complaint: Plaintiff Cindy Kendall seeks leave to file a First Amended Complaint. Defendant Hat Creek Construction & Materials, Inc. objects to the motion being heard on the ground that it was not properly noticed. The motion was filed on June 12, 2026. Printed in the caption and the body of the Notice is a hearing date of July 9, 2026. July 9 is crossed out and July 13 is interlineated in blue pen on the caption.

A Proof of Service is attached to the Notice indicating electronic service on June 12, 2026. Defendant filed an Objection on July 1, 2026 and argued that electronic service on June 12, 2026 for a July 9, 2026 hearing date is not timely per CCP §§ 1005(b) and 1010.6. Attached to the Declaration of Benjamin L. Kennedy is the copy of the motion received by Defendant, which does not include the July 13, 2026 hearing date. On July 1, 2026, Plaintiff filed an Amended Notice of Motion listing the July 13, 2026 hearing date.

Notice on July 1, 2026 for a July 13, 2026 hearing date is untimely. CCP § 1005(b). The motion is DENIED without prejudice. Plaintiff provided a proposed Order that will be modified to reflect the Court’s ruling. Should Plaintiff seek a continuance of the motion in order to provide proper notice, Plaintiff may make that request at the time of the hearing.

In reviewing this file in preparation of the instant tentative ruling, the Court notes a “Declaration of Plaintiff’s Counsel Jonathan Kaldas” filed Jun 23, 2026. Strangely, the caption does not indicate what the Declaration is intended to support. It also makes no reference to a motion nor a motion date. Also in the file is a pleading, “Defendant Hat Creek Construction & Materials, Inc.’s Objections to the Declaration of Plaintiff’s Counsel Jonathan Kaldas” filed July 1, 2026. The objections are sustained in their entirety.

The Court notes that Plaintiff argued in the moving papers that the matter is not set for trial. It appears that the Order filed February 4, 2026 as a result of the Joint Stipulation to Continue Trial filed on January 30, 2026 may have not been served on all parties. The Mandatory Settlement Conference is calendared for Monday, November 16, 2026 at 1:30 p.m. in Department 63 and the trial is calendared for Tuesday, January 5, 2027 at 8:45 a.m. in Department 63.

LAWHEED, ET AL. VS. FULK