34-2016-00202671

Gregory N. Steshenko vs. California Board of Equalization

Nature of Proceeding: Motion to Lift Stay

Filed By: Steshenko, Gregory N.

Self-represented Plaintiff Gregory N. Steshenko’s “Administrative Motion to Lift Stay” is unopposed, but is DROPPED from the Court’s calendar for defective and insufficient notice.

Proof of service is defective as parties cannot serve their own papers. Code Civil Procedure section 1013a(1).

C.C.P., sec. 1005 requires 16 court days’ notice of motion, with five additional calendar days for service by US Mail.

Code of Civil Procedure section 1005 requires that the 16 court days be computed before counting the five calendar days for service by mail. See, Barefield v. Washington Mutual Bank (2006) 136 Cal.App. 4th 299, 303.

Code Civ. Proc. § 12c provides for calculation of last day to perform act before hearing date as follows:

“(a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12.”

“(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a).”

Here, the moving papers were served by plaintiff by US Mail on Feb. 5, 2018 for hearing on Feb. 28, 2018. Feb. 12 (Lincoln’s Birthday) and Feb. 19, 2018 (Presidents’ Day) were court holidays. That notice, counting backwards, allowed only 15 of the required 16 court days’ notice, and none of the requisite five additional calendar days for service by mail.

The motion is dropped, without prejudice.