GARCIA, JOSE ALBERTO ROSALES vs FANT, LILLIAN
Plaintiff's Motion for Nunc Pro Tunc Order
Motion type
Parties
Ruling
Accordingly, Defendant's motion is hereby granted. Defendant's default entered herein on August 8,2025 is hereby vacated and set aside. The Court notes Default Judgment has not been granted so there is no default judgment to be set aside. Defendant shall file his Answer to the Complaint within ten (10) days of the date of this order.
As to Plaintiff's issue with the failure to include the information regarding tentative rulings in his notice of motion, the cited statutory provision does not specifically require parties that information to be included in the notice of motion, though it appears to be the practice to do so. Therefore, the alleged omission is not grounds to deny the motion. In any case, Plaintiff is apparently aware of the Court's tentative ruling procedure and is not prejudiced by said omission.
CV-25-009889 - GARCIA, JOSE ALBERTO ROSALES vs FANT, LILLIAN - Plaintiff's Motion for Nunc Pro Tunc Order - GRANTED. The Court finds that Plaintiff's Complaint, Summons, Civil Case Cover Sheet, Notice of Case Management Conference and Fee Waiver Request, were submitted for filing with the Stanislaus County Superior Court on October 6, 2025 during business hours and therefore, filed on that date, notwithstanding their later rejection on October 9, 2025 for Plaintiff's failure to sign the fee waiver request himself. (United Farm Workers of America v. Agricultural Labor Relations Bd. (1985) 37 Cal.3d 912, 918; Carlson v. State of California Dep't of Fish & Game, (1998) 68 Cal. App. 5th 1268; Litzmann v. Workmen's Comp.App. Bd. (1968) 266 Cal.App.2d 2030.
Therefore, the Court hereby orders that Plaintiff's said Complaint, Summons, Civil Case Cover Sheet, Notice of Case Management Conference and Fee Waiver Request are deemed timely filed on October 6, 2025.
The following are the tentative rulings for cases calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: ***There are no Tentative Rulings for Department 19***
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