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
[[[End]]
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