Legal Question in Civil Litigation in California

Re: Civil Procedures: Certificate of Mailing

You send him a written request asking him to take the motion off calendar right away. If he doesn't then at least nine court days before the hearing you file an opposition to the motion which includes a separate Declaration under penalty of perjury that tells the court that you weren't served, and includes a copy of your previous letter advising opposing counsel of this fact and asking him to take the motion off calendar. Make sure you also show up timely for the hearing at the court, since if you don't the court may award monetary sanctions against you. The court will probably give you time to answer the discovery and make him provide you with another copy of the discovery so you can do so.