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Tentative Ruling
Judge Pauline Maxwell
Department 6 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

CIVIL LAW & MOTION

County of Santa Barbara vs American Contractors Indemnity Co

Case No: 18CV00038
Hearing Date: Wed Feb 14, 2018 9:30

Nature of Proceedings: Set Aside Summary Judgment on Bail Forfeiture

                       

TENTATIVE RULING: For the reasons set forth herein, hearing on this matter is continued to March 7, 2018, at 9:30 a.m. Opposition (or a notice of non-opposition if plaintiff does not oppose) may be filed and served no later than February 23, 2018, at 5:00 p.m., and a reply may be filed and served no later than noon on March 2, 2016. Defendant American Contractors Indemnity Co. shall give notice of this order and continuance and shall file proof of service of such notice no later than February 23, 2018.

 

 

Pursuant to Code of Civil Procedure section 1005, a civil motion must be served and filed at least 16 court days before the hearing. (Code Civ. Proc., § 1005, subds. (a)(13), and (b).) If the motion is served by any means other than personal service, the time for service is increased as provided in that section. (Id.)

 

The current motion to set aside the summary judgment on bail forfeiture, vacate the forfeiture, and reinstate or exonerate the bond, was personally served upon the County of Santa Barbara on January 25, 2018, and was filed on January 29, 2018. The motion set the hearing date for February 14, 2018.

 

Based upon the February 14, 2018 hearing date, the last day for both filing and personal service of the motion was January 22, 2018. Had County filed an opposition on the merits of the motion, the notice defect would have been waived. Because no opposition has been filed, however, no waiver of the notice defect exists, and the Court does not have jurisdiction to hear the motion on its merits on February 14, 2018.

 

The Court will therefore continue the hearing on this motion to March 7, 2018, in order to ensure that adequate notice of the motion has been provided to County. Opposition (or a notice of non-opposition if plaintiff does not oppose) may be filed and served no later than February 23, 2018, at 5:00 p.m., and a reply may be filed and served no later than noon on March 2, 2016. Defendant American Contractors Indemnity Co. shall give notice of this order and continuance and shall file proof of service of such notice no later than February 23, 2018.

 

 
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