Case Number: 16K10766 Hearing Date: December 26, 2017 Dept: 77

Plaintiff’s Motion is CONTINUED to March 22, 2018.

Background

On May 5, 2017, Plaintiff Belly Parvin (“Plaintiff”) filed, in pro per, this defamation action against Defendant Mosammat Afsary (“Defendant”). This case was initially assigned to the Honorable Daniel S. Murphy in Department 32.

On May 31, 2016, Defendant filed, in pro per, an Answer. On July 11, 2016, Plaintiff filed a Motion to Strike Defendant’s Answer. On August 17, 2016, Judge Murphy denied the Motion to Strike and on his own motion, struck the sentence “Since plaintiff suffer nervous break down a patient of down syndrome taking medication due to unnecessary harassment” (see Answer 2:16-17) from the Answer and the attachments to the Answer due to privacy concerns (the “August 17, 2016 Order”). (See August 17, 2016 Minute Order.)

On August 23, 2016, the Court on its own motion give the parties notice of its intention to reclassify the case to limited civil case. (August 23, 2016 Minute Order.) On September 12, 2016, Plaintiff filed opposition to the reclassification. On September 19, 2016, Judge Murphy reclassified the case to limited civil case (the “September 19, 2016 Order”). (September 19, 2016 Minute Order.)

Plaintiff filed a Motion to Set Aside the Court’s Order to Strike Portion of Defendant’s Answer and the Reclassification of this Case (the “Motion”) on October 30, 2017. No opposition or reply has been filed as of December 17, 2017.

Discussion

A. Service

CCP § 1005(b) states in pertinent part: “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.”

The Court notes that Plaintiff filed this Motion on three different dates: July 20, October 30, and December 1, 2017. The motion filed on July 20, 2017 has a notice of the motion and a proof of service stating that “Notice of Motions and Motions for Orders to Set Aside and Void Orders Striking Portions of Answer, etc.” was served by mail on July 20, 2017—there was no memorandum of points and authorities or proposed order attached to the motion. The second motion filed on October 30, 2017 has only a notice of the motion without a proof of service, memorandum of points and authorities, and proposed order. The third motion filed on December 1, 2017 has a notice of motion, Plaintiff’s declaration, a memorandum of points and authorities, and Exhibit “A”—there’s a cover sheet for Exhibit “B,” but the exhibit is not attached. Plaintiff’s declaration and the memorandum of points and authorities are signed on November 24, 2017. The Court notes, however, that the December 1, 2017 motion does not contain a proof of service showing that all the moving papers were served on Defendant.

Because Plaintiff has failed to properly serve all of his moving papers on Defendant Mosammat Afsary, this motion is continued to March 22, 2018. Plaintiff is ordered to serve a copy of all of his moving papers on Defendant, including a notice of this continued hearing to March 22, 2018. Plaintiff must file his proofs of service with the court by March 8, 2018. Failure to timely file the proofs of service may result in this motion being taken off calendar.

Clerk to give notice.