Motion for Leave to Amend First Amended Complaint
24CV013995: AUSSIEKER vs GRAHAM, et al. 03/04/2025 Hearing on Motion for Leave to Amend First Amended Complaint in Department 54
Tentative Ruling
Plaintiff in pro per Mark Aussieker's motion for leave to file a First Amended Complaint is UNOPPOSED, but is DROPPED for defective service.
There is no proof of service accompanying the moving papers in the Court's file for this matter.
The Court notes the Register of Actions reflects that a proof of serve was filed on February 11, 2025. This proof of service indicates that on February 3, 2025, the following documents were served, "Notice of motion, motion, memorandum of points and authorities, decl in support and proposed order for hearing on 3/5/25." To the extent this is the purported proof of service for this motion, it is defective. There is no hearing scheduled for "3/5/25" and the proof of service does not include the exact title of the documents served as required by Code of Civil Procedure section 1013a.
Defective notice deprives the Court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.)
The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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24CV013995: AUSSIEKER vs GRAHAM, et al. 03/04/2025 Hearing on Motion for Leave to Amend First Amended Complaint in Department 54
requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf
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