Case Number: BC529960    Hearing Date: September 15, 2014    Dept: 34

Moving Party: Defendant L. Andrew Gifford

Resp. Party: Plaintiff William S. Lund

The Court takes the instant motion OFF CALENDAR because they were prematurely filed and served. Defendants may re-serve and file the motions after a judgment has been entered against plaintiff.

BACKGROUND:

Plaintiff commenced this action on 12/9/13 against defendant for slander.

On 7/8/14, the Court granted defendant’s special motion to strike plaintiff’s complaint.

On 8/26/14, the Court granted defendant’s motion for attorney’s fees and awarded defendant fees in the total amount of $66,627.00.

ANALYSIS:

Defendants seek an order assigning plaintiff’s rights to payments due under a prior settlement agreement between plaintiff and trustees of the Sharon D. Lund Residuary Trust fbo Bradford D. Lund, to the extent necessary to satisfy defendants’ judgments against plaintiff.

Plaintiff is correct that the instant motion was filed prior to the hearing on defendants’ motions for attorney’s fees. Therefore, the notices did not state the value of the amount defendants seek to assign, or even whether a judgment had been entered. A notice of motion must state “exactly what relief is sought and why (what grounds).” (Weil & Brown, Civ. Proc. Before Trial (The Rutter Group 2014) ¶ 9:38 [citing Code Civ. Proc., § 1010 and Cal. Rules of Court, rule 3.1110(a)].) Because the notices of the instant motions could not have stated what judgment is to be satisfied and for what amount, they are arguably insufficient. It is unclear why defendants chose to file and serve their motions on 8/21/14, instead of waiting less than a week for the Court to rule on the motions for attorney’s fees.

Moreover, there is no showing that a judgment has been entered as to the Court’s ruling on 8/26/14. Because there is not yet a judgment to satisfy, the instant motion is premature.

the Court takes the instant motions OFF CALENDAR, without prejudice to defendants re-serving and filing the motions after a judgment has been entered.