Maguire v. Cole TCU14-5738
Defendantsí Motion for Terminating Sanctions is denied without prejudice.
First, there is no proof of service of the order after hearing on Plaintiff. Additionally, while the memorandum of points and authorities states that letters were mailed to Plaintiff and such letters are attached as exhibits to the motion, the letters are not properly authenticated and there is no declaration from any person stating that such letters were actually mailed.
Accordingly, this court has no evidence that Plaintiff is aware of this courtís order requiring compliance of the order.
Moving Partyís attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.
This is the Courtís tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courtís law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.
Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.