N/A
prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure on (1) the clerk or secretary or board of the local public entity, if the respondent is a local public entity . . . .” Here, the petition was not served on the “clerk or secretary or board of the local public entity.” Instead, the proof of service shows the petition and supporting declaration were served on the “Insurance Department” for respondent Huntington Beach Union High School District (Respondent). That fails to comply with section 946.6, subdivision (d), and Respondent has not filed any opposition or taken any action to waive this defect or otherwise show it was properly served with the petition.
Moreover, Petitioner has not filed any notice or proof of service showing Petitioner gave Respondent notice of today’s hearing on the petition. The court set the hearing and gave notice to Petitioner. Respondent, however, has not yet appeared in this action and therefore has no address of record. As such, the court could not give Respondent notice of today’s hearing. It was Petitioner’s responsibility to provide such notice. California Rules of Court, rule 3.1300(c) requires a proof of service to be filed at least five court days prior to the hearing.
Based on the foregoing, the hearing on the petition is CONTINUED as set forth above to allow Petitioner to correct the service issues discussed above and provide proof of service. Petitioner’s counsel is ordered to give notice of this ruling.
11. Interinsurance Exchange of the Automobile Club v. Tyler 2026-01565527 OFF CALENDAR; Hearing erroneously set.
12. David Haller vs. Gladys Haller 2025-01520273 Before the court is the motion to vacate sister-state judgment filed on May 1, 2026, by defendant and judgment debtor Gladys Haller (Gladys). As more fully set forth below, the motion is DENIED. By this motion, Gladys seeks to vacate the sister-state judgment this court entered in favor of plaintiff and judgment creditor David Haller (David) on October 20, 2025. The sister-state judgment is based on a Virginia judgment entered on or about June 6, 2025. Gladys brings the motion pursuant to Code of Civil Procedure section 1710.40, arguing the sister-state judgment must be
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