Pinesett vs. Coral Motel
N/A
Motion type
Ruling
thus failed to meet her burden to show the Property is, in fact, a homestead. (Code Civ. Proc., § 704.780(a)(1).)
Based on the foregoing, Judgment Creditor’s application is GRANTED and an order for the sale of the dwelling will issue. (Code Civ. Proc., § 704.780(b).)
Counsel for Judgment Creditor is to submit a proposed order consistent with this ruling and Code of Civil Procedure section 704.780, subdivision (b). Counsel for Judgment Creditor shall give notice.
11. Pinesett vs. Coral Motel 2021-01179977 No Tentative Ruling Will Be Posted
12. Topacio vs. Osburn 2026-01572780
Before the court is the petition for order authorizing discovery to perpetuate and preserve evidence under Code of Civil Procedure section 2035.010 et seq. filed by Petitioner Darlene Topacio (Petitioner). Petitioner also has filed a supplement to the petition and notice of hearing on the petition.
As more fully set forth below, the hearing on the petition is CONTINUED TO THURSDAY, NOVEMBER 19, 2026, AT 2:00 P.M., IN DEPARTMENT C23, for proper service and proof thereof.
Code of Civil Procedure section 2035.040 requires Petitioner to serve all adverse parties with copies of the petition and notice of hearing at least 20 days prior to the hearing. That service must be made in the same manner as service of summons. (Code Civ. Proc., § 2035.040, subds. (a) & (b).)
Although the petition includes the addresses for many of the respondents (see, e.g., Pet. At p. 2, lines 19-27), there is nothing in the court’s records showing any respondent has been served or what efforts have been made to serve respondents. 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 stated above. At least five court days prior to the continued hearing date, Petitioner is ordered to file proofs of service on all respondents or declarations and other admissible efforts describing the efforts made to serve all respondents and the status of such service.
Petitioner’s counsel is ordered to give notice of this ruling.
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