Miesegaes v. Department of State Hospitals-Atascadero
Motion for the Appointment of Medical Expert; Motion for the Propounding of Written Discovery of a Non-Party
Motion type
Parties
Ruling
Miesegaes v. Department of State Hospitals-Atascadero, 22CVP-0362
Hearing: Motion for the Appointment of Medical Expert
Date: June 2, 2026
PROPOSED RULING
Notice of the motion is deficient. The proof of service is attached to the motion, which means when served, the notice of motion did not include the hearing information which is assigned by the Clerk’s Office at the time of filing. (Cal. Rules of Court, rule 3.1110(b); Local Rule 7.05.1.) The motion will be continued for proper notice.
ORDER (PROPOSED)
The motion is continued to July 7, 2026, at 9:00 a.m. in department P2. Plaintiff is to give timely notice of the new hearing information.
Plaintiff also has a discovery motion on calendar June 23, 2026, which suffers from the same notice defect (i.e., notice of motion served without hearing date and time). The Court also continues that motion (Motion for the Propounding of Written Discovery of a Non-Party). That motion is continued to July 7, 2026, at 9:00 a.m. in department P2. Plaintiff is to give timely notice of the new hearing information.
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