Re: Itria Ventures LLC v. The Fort Fresno LLC et al., Superior Court
Case No. 18CECG00095
Hearing Date: None. See below.
Motion: The Fort Fresno LLC’s Motion to Vacate Judgment

Tentative Ruling:

To deny.

Explanation:

The motion is procedurally defective. Defendant moves to set aside a sister-court judgment, but fails file a notice of motion (Cal. Rules of Court, Rule 3.1110, 3.1112(a)) or memorandum of points and authorities (Cal. Rules of Court, Rule

3.1112(a)), provide a statutory basis for the motion, cite to any legal authority or provide any evidence supporting the contentions made. In law and motion practice, factual evidence is supplied to the court by way of declarations. (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 224.) The court must disregard facts stated in unverified memo of points and authorities, unless supported by reference to evidence presented in declarations or otherwise. (Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 578.)

Pursuant to Cal. Rules of Court, Rule 3.1312(a) and Code Civ. Proc. § 1019.5(a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: JYH on 02/26/18
(Judge’s initials) (Date)