Case Number: BC684049 Hearing Date: March 29, 2018 Dept: 92

DUBY X. REYES,

Plaintiff(s),

vs.

LIDO RESTAURANT, ET AL.,

Defendant(s).

Case No.: BC684049

[TENTATIVE] ORDER CONTINUING HEARING ON MOTION TO QUASH

Dept. 92

1:30 p.m.

March 29, 2018

Defendant filed this motion to quash on 2/21/18, setting it for hearing on 3/29/18. On 3/16/18, Plaintiff timely filed an opposition to the motion. The opposition includes a proof of service showing Plaintiff served it by mail the same day. This is not proper; CCP §1005(c) requires opposition documents to be served in a manner calculated to ensure delivery by the next business day.

On 3/21/18, Defendant filed a notice of non-opposition to the motion, wherein it indicates it did not receive any opposition to its motion. Defendant has not filed a substantive reply to the opposition.

The Court wishes to read and consider the opposition, despite the fact that it was not properly served. The Court also wishes to permit Defendant adequate time to file a reply to the opposition. The hearing on the motion is therefore continued from 3/29/18 to Thursday, 4/12/18 at 1:30 p.m. in D-92. If Defendant has still not received Plaintiff’s opposition, the attorneys are ordered to meet and confer forthwith to ensure delivery of a copy of the brief. Defendant is ordered to file a reply brief per Code, at least five court days prior to hearing, with a courtesy copy delivered directly to Department 92.

The Court notes that Defendant, in its opening brief, indicates Defendant is willing to accept service of the summons and complaint via Notice and Acknowledgment of Receipt. Plaintiff, in opposition, indicates Defendant has reneged on this offer. The Court encourages the parties to come to agreement concerning service of the summons and complaint without further court intervention if at all possible. If the parties are able to resolve these issues, the Court asks that Defendant use the online reservation management system to take the hearing on the motion off calendar at least four days prior to the continued hearing date.