Platte River Insurance Company v. William Deem et al

Review – Biennial hearing in two years, on July 14, 2028, at 8:30 a.m. in Dept. B. The Court Investigator shall prepare a biennial investigator report for the next hearing date. The Clerk is directed to send notice to the parties.

CIVIL LAW & MOTION CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.

Platte River Insurance Company v. William Deem et al 24CV000384

MOTION FOR AWARD OF ATTORNEY FEES

TENTATIVE RULING: The matter is CONTINUED to September 3, 2026, at 8:30 a.m. in Dept. A. Plaintiff is to provide timely, code-compliant notice of the continued hearing. If Plaintiff is unable to provide timely notice of the next hearing, the motion may be denied without prejudice.

Plaintiff Platte River Insurance Company moves, pursuant to California Code of Civil Procedure Section 1033.5, subdivision (a)(10)(A) and Civil Code § 1717, for an order awarding attorney fees in favor of Plaintiff on its Complaint for breach of written indemnity agreement against Defendants William Deem and Kimberton Wines, LLC (Kimberton, and collectively Defendants).

“The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05.) The last day to provide notice, by mail from Arizona, of the instant hearing was June 8, 2026. (See Code Civ. Proc. §§1005, subd. (b) [“all moving and supporting papers shall be served and filed at least 16 court days before the hearing” and “if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by . . . 10 calendar days if . . . the place of mailing . . . is outside the State of California . . .”] The proof on file indicates service on June 15, 2026. Plaintiff, therefore, failed to provide adequate notice of the hearing date.

This is Plaintiff’s second failure to provide adequate notice of the hearing. Subsequent failure to do so may result in the Court denying the motion without prejudice.

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