The minute order is effective immediately. No formal order or further notice is required, except defendant is directed to mail a copy of the minute order to plaintiff. The service of the motion by UPS extends the required notice period of 28 days to 30 days, assuming it was sent by overnight delivery. The proof of service indicates that the moving papers were served by UPS on February 12, which is only 29 days before March 13, 2001. As it appears that this case might be resolved at the summary judgment stage, the court is continuing the matter to be heard within 30 days of trial to allow for proper service.
Defendant is ordered to send a copy of the minute order to plaintiff.
There are no facts in the attorney's declaration regarding due diligence. Counsel must provide details regarding contacting the prior employer and other efforts to locate the client. Counsel has served the client at the address which is known to be invalid. The minute order is effective immediately. The Answer admits the allegations of the complaint and does not state an affirmative defense.