Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
34-2023-00333257-CL-CL-GDS: Portfolio Recovery Associates LLC vs. Gloria Mallett 12/11/2024 Hearing on Motion to Vacate To Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 53
Tentative Ruling
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing
34-2023-00333257-CL-CL-GDS: Portfolio Recovery Associates LLC vs. Gloria Mallett 12/11/2024 Hearing on Motion to Vacate To Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING: Plaintiff Portfolio Recovery Associates, LLCs unopposed motion to vacate dismissal and enter judgment under terms of stipulated settlement is dropped for defective notice.
Plaintiffs notice of motion fails to state properly the date, time, or the proper location for the subject hearing. Indeed, the notice of motion filed on August 29, 2024, contains lines in the body of the notice for a date, time, and department, for the hearing and those lines are blank. The date, time and location written into the caption cannot alone serve as proper notice where the actual notice addressed to Defendant provides no information and is plainly inadequate. CCP § 1010 provides that [n]otices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, (CCP § 1010.) The subject notice is deficient. Defective service deprives the court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.