When will a motion to compel defendants to provide a notice of the date of the hearing be heard?

California, United States of America


The following excerpt is from Nicholson v. Mohamed, B238392 (Cal. App. 2012):

4. Although the trial court did not rule specifically on the objections, those objections are preserved for appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 527, 532, 534.) Moreover, defendants do not dispute plaintiffs' contention that the evidence was inadmissible or that plaintiffs cannot, on appeal, rely on the inadmissibility of that evidence. Even if the evidence was properly before the trial court, it does not establish that defendants did not receive notice of the August 4, 2011, hearing because the motion to compel providing notice that it was to be heard on August 4, 2011, was served on defendants' counsel when he was acting in that capacity. In addition, as noted below, defendants had notice of the August 26, 2011, OSC hearing, and they did not provide a sufficient basis to vacate the default for defendants' failure to appear at that hearing.

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