Motion to Set Aside Dismissal and Enter Judgment
Capital One, N.A. v. Kathleen Kittle, 25LCP-0350
Hearing: Motion to Set Aside Dismissal and Enter Judgment
Date: June 9, 2026
Notice of the motion is deficient. The proof of service was filed contemporaneously with the motion, meaning 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. (Stip. Agt., ¶ 7 [notice to be provided pursuant to Code Civ. Proc., § 1005(b)].)
In addition, there is no proof of service that the Defendant was ever served with the summons and complaint. The Court has concerns regarding jurisdiction. (Code Civ. Proc., § 410.50.) Plaintiff is directed to serve the summons, complaint, and motion papers, along with notice of the continued hearing. Service should comply with Code of Civil Procedure section 413.10 et seq.
ORDER (PROPOSED)
The motion is continued to August 25, 2026, at 9:00 a.m. in department P-2. Moving party is to give notice as set forth above.
Please note Local Rule 7.11.1 was amended in January 2022 to include a new phone number for accessing tentative rulings. In addition, effective, July 1, 2026, no phone number will be available to access tentative rulings. (Ntc. of Local Rules Update, 04/01/26; Cal. Rules of Court, rule 3.1308(a), amended effective January 1, 2025.) Please update your notice of motion accordingly.
1
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”