SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE

 MINUTE ORDER

Department- Appellate

Court convened at:  On March 15, 2005 present

Judge:   Honorable Charles Margines Acting Presiding
Rebecca Chumpitazi, Deputy Clerk;
Bailiff: none       Reporter: none

and the following proceedings were heard:

AP-14168        PEOPLE        VS.        FISCHETTI
CM46167PE

The Court, having received and considered respondent’s motion for reconsideration of petition for rehearing and application for certification now rules as follows:

Respondents City seeks reconsideration based on lack of proper service, not lack of actual notice. The motion is not supported by a declaration or other evidence, and respondent nowhere asserts that it did not become aware of entry of this Court’s judgment in time to file a timely petition for rehearing and/or certification prior to the February 15 deadline. Respondent also did not seek an extension of time in accordance with rule 186(a) of the California Rules of Court, Respondent’s official acts, judicial notice of which may be taken by this Court pursuant to Evidence Code 452, indicate an awareness of the judgment and opinion in the week of February 7. A party who is not properly served with notice but who nevertheless appears without objecting and argues the cause on the merits, as respondent did in its petition. thereby waives a claim of defective notice. (Vlahovich v. Cruz 1989) 213 Cal. App.3d 317, 320-321.) “This rule applies even when no notice was given at all.” (Tate V. Superior Court (1975) 45 Cal.App.3d925, 930.)

The motion for reconsideration is denied.

[[ ]] FISCHETTI

THOMAS WOOD, COSTA MESA CITY ATTORNEY, 77 FAIR DR, COSTA MESA, CA

92628

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