Motion to Compel Attendance and Testimony at Deposition of Person Most Qualified for Def Brocco Motors, LLC
34-2019-00264029-CU-PA-GDS: Allegra Aquil-Sims vs. Brian A Ramirez 11/20/2024 Hearing on Motion to Compel Attendance and Testimony at Deposition of Person Most Qualified for Def Brocco Motors, LLC in Department 53
Tentative Ruling
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing
34-2019-00264029-CU-PA-GDS: Allegra Aquil-Sims vs. Brian A Ramirez 11/20/2024 Hearing on Motion to Compel Attendance and Testimony at Deposition of Person Most Qualified for Def Brocco Motors, LLC in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
The hearing on this matter is DROPPED from calendar for defective notice.
On October 23, 2024, Plaintiff and moving party brought an ex parte application seeking an order shortening time for hearing on the present motion. The Court denied the request for an order shortening time, but alternatively, specially reserved November 20, 2024, 1:30 p.m., in Department 53, for hearing on the contemplated motion. (Order on Ex Parte Application, 10/23/2024.) However, the Courts order expressly stated that [a]ll filings shall be due per CCP 1005(b) based upon such reserved hearing date. (Ibid. [emphasis added].)
Despite the clear order of this Court, Plaintiff nonetheless filed and served via electronic service its motion on October 28, 2024. (POS, 10/28/24.) Code of Civil Procedure § 1005(b) requires the moving papers to be filed and served 16 court days before the hearing, plus 2 additional court days for electronic or overnight service. Thus, to the extent it wished to accomplish service electronically, the moving party was required to file and serve the papers by October 24, 2024. Defective service deprives the Court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)