An ex parte application requests that the court issue an order for immediate relief. Ex parte applications are used in emergency situations wherein there is not enough time for a standard motion to proceed. An ex parte applicant “must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” Rules of Court 3.1202(c). “In law and motion practice, factual evidence is supplied to the court by way of declarations.” Calcor Space Facility, Inc. v. Super. Ct. (1997) 53 Cal.App.4th 216, 224.
“A request for ex parte relief must be in writing and must include all of the following:
Rules of Court 3.1201.
“When notice of an ex parte application is given, the person giving notice must:
Rules of Court 3.1204(a).
“An ex parte application must be accompanied by a declaration regarding notice stating:
Rules of Court 3.1204(b).
“A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.” Rules of Court 3.1203(a).
The application must also “state the name, address, e-mail address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, e-mail address, and telephone number of the party if known to the applicant.” Id.
Ex parte applications are not subject to reconsideration simply because they are unreported. “New” facts, circumstances or law are facts circumstances or law which the moving party could not, with reasonable diligence have previously discovered and produced at the original hearing. See Wilcox v. Ford (1988) 206 Cal.App.3d 1170, 1180.
However, the exigency of ex parte applications provides a somewhat different perspective on what can or cannot be diligently presented as compared with a regularly noticed hearing. The absence of written opposition at the ex parte hearing could under appropriate circumstances constitute new circumstances justifying reconsideration. See Johnston v. Corrigan (2005) 127 Cal.App.4th 553, 556.
...(“RPD”); and (2) motion to deem the truth of matters specified in requests for admission, set one (“RFA”) admitted and conclusively established. On January 23, 2020, the Court denied Defendants’ “Ex Parte Application for an Order Shortening Time and/or Advancing the Hearing on Motion to Deed the Truth of Matters Admitted and Motion to Compel Response to Interrogatories and Request for Production”. The Court stated...
...to take the discovery motions set for February 21, 2020 off calendar. The Court is not in receipt of an opposition brief to the discovery motions from Plaintiff. DISCUSSION CCP §2024.020(a) states: “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard ...
Feb 21, 2020
[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL On March 14, 2018, plaintiff Jesus A. Ramirez-Gonzales filed this action against defendants Eric Dylan Lee and Excel Trucking Services, Inc. (collectively, “Defendants”) for injuries sustained in a March 15, 2016 accident involving two 18-wheeler tractor-trailers. Defendants move to continue the March 17, 2020 tr...
...subpoenaed third parties responded that they have no records for Plaintiff. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of goo...
Feb 21, 2020
...was allegedly struck by a mannequin in one of Defendant’s stores. Plaintiff alleges serious injuries including traumatic brain injury. Plaintiff filed suit on June 5, 2017. Motion to Compel Compliance Exodus Recovery/Lucy Estrada, M.D. (“Deponent”) is one of Plaintiff’s treating medical providers as identified in Plaintiff’s discovery responses. Plaintiff alleges she received psychological treatment a...
...by the Rules of Court. Accordingly, the motion is DENIED. Motion to Continue Trial Defendant moves to continue trial from April 16, 2020 for 180 days in order to serve its Cross-Complaint against Vertex Hong Kong Corporation, Ltd. (“VHK”). The Cross-Complaint is currently out for service via the Hague Convention but according to Defendant’s attorney service, it typically takes 6-12 months for service...
Feb 21, 2020
Ling Zhang v. Shihuan Cheng, et al., 20STCV03523 Tentative decision on application for preliminary injunction: granted Plaintiff Ling Zhang (“Zhang”) applies for a preliminary injunction enjoining Defendant Shihuan Cheng (“Cheng”) from transferring, concealing, or otherwise disposi...
...permission and the obligations to help service and maintain the vehicle; (3) Cheng would return the title of the Bentley Sedan to Zhang at any time when requested by Zhang; and (4) Zhang would retain exclusive ownership, possession, control and use of the Bentley Sedan. In late 2016, Zhang decided to trade the Bentley Sedan for a newly released 2017 Bentley Sports Utility Vehicle Bentaga and traded ...
Feb 20, 2020
Motion for Continuance of Trial filed by Defendant WKS Restaurant Corporation: A party seeking a continuance of the date set for trial must make the request by noticed motion or ex parte application “as soon as reasonably practical once the necessity for the continuance is discovered.” CRC 3.1332(b). The Court may grant a request for a continuance “only on an affirmative showing of good cause req...
...the impact of granting a continuance on other pending trials, whether trial counsel is engaged in another trial, and any other fact or circumstance relevant to the fair determination of the motion or application. CRC 3.1332(c) and (d). Defendant initially sought the trial continuance because it needed documents from plaintiff or his accountant so that it could file a motion for summary judgment and because of...
Feb 20, 2020
Hearing Date: February 20, 2020 Judgment Creditor’s Application for Sale of Dwelling to Enforce Judgment TENTATIVE RULING Judgment creditor Rodrigues holds a judgment of $8,230,663.02 against judgment debtors Nicholas Steele, Lillia Stepanova Steele and Steele A...
...property of a judgment debtor is subject to enforcement of a money judgment. Cal. Code of Civ. Proc. §695.010. The interest of a natural person in a dwelling may not be sold to enforce a money judgment except pursuant to a court order. Cal. Code of Civ. Proc. §704.740. A judgment creditor must apply for such a court order within 20 days of serving notice of a levy on the dwelling. Cal. Code of Civ. Pro...
Feb 20, 2020
Nature of Proceedings: (1) Ex Parte Hearing re Lack of Portable Water (2) Motion to Disqualify Counsel (3) Motion to Vacate Orders (4) Motion to Quash Subpoena (5) Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti a...
...answered the petition on September 28, 2018. He then died on November 25, 2018, before any further proceedings took place with respect to the Petition. On November 27, 2018, Kopcrak filed an ex parte application for OSC why preliminary injunction should not issue and for temporary restraining order. Kopcrak sought a TRO preventing Dettamanti or anyone acting with her or on her behalf from disposing of Joseph’...
Feb 20, 2020
This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to su...
...lawsuit in time to defend; and/or 3) CCP § 473(b) due to defendant's mistake, inadvertence, or neglect. In light of the court's intended ruling on this motion, the motion to stay enforcement of the writ of execution is moot. Discussion: According to the proof of service, HPC was served via service on Charles Carner "Vice President" as a "person served on behalf of an entity or as an authorized agent" on ...
Feb 20, 2020
...Defendants reasonably waited to seek a continuance of trial until after they had an opportunity to review the January 2, 2020 discovery responses. The record indicates that Defendants filed an ex parte application for an order continuing trial on January 22, 2020. (ROA 162.) Although Defendants may have been able to act slightly sooner in seeking a continuance, such a short delay does not warrant denying the mo...
...attend the scheduled hearing. (Declaration of Rietveld II, ¶ 18.) Further, after failing to appear, Defendants waited two weeks, until February 5, 2020, before seeking further relief via an ex parte application for an order shortening time on a motion to continue trial. (ROA 162-163.) As a result of Defendants additional delay, trial is scheduled to commence in less than two weeks. Thus, trial preparation mu...
Feb 19, 2020
...parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfa...
...2024.050.) DISCUSSION Defendants argue there is good cause to continue trial and the related dates because Defendants need to obtain Plaintiff’s overdue written discovery responses, depose Plaintiff, potentially depose experts, and potentially conduct an IME. (Markarian Decl., ¶ 5.) The Court finds there is good cause to continue trial. Plaintiff has not responded to written discovery requests. Defendants’ discovery p...
Feb 19, 2020
...(8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California’s single-largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11, 12.) Plaintiff alleges extracts “can be derived from cannabis plant material, including cannabis that is dried and cured, or from plant material flash frozen directly after harv...
...to as “live resin”).” (Compl., ¶ 12.) Plaintiff alleges it sells live resin extract products under the brand name Raw Garden, including vape cartridges. (Compl., ¶ 13.) Plaintiff alleges its live resin extract products are sold by over 600 dispensaries and other retailers throughout California. (Compl., ¶ 14.) Plaintiff alleges its Raw Garden Refined Live Resin product line (Refined Live Resin Line) “e...
Feb 19, 2020
...case was dismissed pursuant to CCP §664.6. On August 15, 2019, plaintiff filed a substitution of attorney. He is now representing himself. On August 20, 2019, the court granted plaintiff’s ex parte application to vacate the dismissal. On October 8, 2019, the court sustained defendant’s demurrer to the SAC with leave to amend. On October 8, 2019, plaintiff filed a Third Amended Complaint. LEGAL AUTHORITY ...
...pleading or are judicially noticed.” SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905. “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action.” Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747. DISCUSSION Defendant demurs to the Third Amended Complaint on the grounds that it fails to state sufficie...
Feb 19, 2020
...Dismissal And Affirm or Reinstate the Court’s Order of August 16, 2019 Under Corporations Code Section 15908.2 OPPOSITION: Opposition to Ex Parte Application January 27, 2020; Further Opposition to Ex Parte/Motion February 3, 2020 REPLY: February 10, 2020 TENTATIVE: Moving Defendants’ motion to vacate the dismissal of January 16, 2020 is GRANTED as it was improperly entered. The Order of August 16, 201...
...Civil Procedure section 581(e), the plaintiff can only dismiss the complaint, or any cause of action asserted in it, or any defendant with prejudice. Code of Civil Procedure section 581(e) creates an exception and permits the complaint to be dismissed without prejudice if all the parties consent to a dismissal without prejudice, or if the Court makes a finding that there is good cause to enter a dism...
Feb 18, 2020
...Rules of Court, rule 3.1113, subd. (a).) The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Id. at subd. (b).) The court may construe the absence of a memorandum as an admission that the motion is not meritorious and cause for its denial. (Id...
...at subd. (a).) In the case at bar, no moving papers have been filed in support of plaintiff’s request for sanctions. Instead, plaintiff filed a declaration with his ex parte application attached. The application does include facts justifying the imposition of sanctions. But, it fails to articulate which type of sanctions plaintiff seeks. It also fails to cite to any law to justify the imposition of sanctions....
Feb 18, 2020
...No. 30-2019-01061318 is a survival action alleging causes of action against Defendants involving claims by Ana Maria Zayas for Elder Abuse and Negligent Hiring and Supervision. (Shojai Decl., ¶ 2 and Exhibit A.) Case No. 30-2019-01061562 alleges a cause of action for Wrongful Death against Defendants pertaining to Ana Maria Zayas. (Shojai Decl., ¶ 3 and Exhibit B.) The parties do not appear to disput...
...Supervision. (For example, compare paragraphs 9, 10, 10, 11, 12, 13, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 228, 29, 30, 31, 32, 33, 34, 35, 36, and 37 in the First Amended Complaints attached as Exhibits A and B to the declaration of Neema S. Shojai.) The court finds that the survival action falls within the meaning of Code of Civil Procedure section 377.31, and the wrongful death action falls w...
Feb 18, 2020
...to continue the trial date to its current date (March 2, 2020), and the Court granted the motion on October 29, 2019. Plaintiff anticipates trial will take 7-10 days. MP: (filed 1/21/20) Good cause exists to continue trial date. Plaintiff requests trial be continued to June 29, 2020. Plaintiff has 9 pending motions to be heard by discovery referee Judge Conway on February 25, 2020. The delay in hea...
...requested in them, is the fault of Defendants. Opposing counsel, Todd Haas, has had family emergencies that has prevented Defendants from timely responding to Plaintiff’s discovery requests. Good cause exists to re-open discovery. The discovery at issue in the February 25 hearing is necessary for Plaintiff to have for trial. OP: (filed 2/5/20) Defendant Butler does not oppose a trial continuance but ...
Feb 18, 2020
...Denise Thomas with promises of securing baby clothes for her if she would do the case herself without an attorney” (FAC ¶ 6), “[t]herefore, Defendant Castaneda violated ethical rules by communicating extensively directly with Denise Thomas who very much wanted her baby clothes back which were wrongfully taken from her” (FAC ¶ 6), “Defendant Castaneda represented that would be done, but could only be ...
...9), “[i]n retaliation for the Bar Complaint by Ernest Calhoon, Defendant Castaneda immediately began threatening Denise Thomas with home visits and more” (FAC ¶ 9), “Defendant Castaneda had improper ex-parte communications with a jurist and both on and off the record berated Ernest Calhoon who was not even present” (FAC ¶ 9). However, the second, sixth, and ninth causes of actions survive because they are...
Feb 18, 2020
This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to s...
...Adjudication On August 19, 2019, the Court granted CDFW's motion for judgment on the pleadings as to the first and second causes of action in Plaintiff's 2nd Amended Complaint. (See CDFW's Compendium of Evidence, Exh. 16 [Court's August 19, 2019 Minute Order].) As a result of this ruling, the sole causes of action remaining at issue are Plaintiff's third cause of action for violation of Government Code §3307.5(b)...
Feb 18, 2020
...Angeles County Sheriff’s Department (“Department”) as a deputy sheriff. On November 21, 2014, Chey was notified of the Department's intention to discharge him from his position as deputy sheriff. Chey exercised his right to respond. On December 17, 2014, Chey was notified that the Department was imposing the discipline of discharge. In accordance with the Los Angeles County Civil Service Rules (“CSRs...
...for the Commission to re-evaluate whether Chey made a false statement in his administrative interview and denied the Petition in all other respects. On April 19, 2019, the court granted Chey’s ex parte application for a hearing date and briefing schedule to address the Commission’s findings on remand. B. Standard of Review CCP section 1094.5 is the administrative mandamus provision which structures the proced...
Feb 18, 2020
...an ex parte application brought by plaintiffs for an order cancelling a trustee’s sale conducted in violation of the court’s April 26, 2019 preliminary injunction. The court granted the motion to the extent it sought a temporary restraining order and issued an order “enjoining the defendants and all persona acting by, through or on their behalf, from any further transfers sales, liens or encumbrances...
...December 19, 2019, the court heard an ex parte application filed by plaintiffs to add Commercial Funding, LLC to the exiting TRO, which was granted. On February 7, 2020, plaintiffs brought an ex parte application for an order allowing plaintiffs to file a third amended complaint pursuant to the stipulation of the parties, which was granted. ANALYSIS: Plaintiffs bring this motion to set aside a Trustee’s Sale...
Feb 14, 2020
...STANDARD “When a written stipulation sets forth all the terms of a judgment agreed to by the parties, the filing of the stipulation normally provides a sufficient basis for entry of the judgment upon the ex parte application of either party.” (Rooney v. Vermont Investment Corp. (1973) 10 Cal.3d 351, 368.) “But if the stipulation omits any essential element of a complete judgment, a judgment cannot be entered until the mis...
...permission is given to withdraw from the stipulation.” (Spindell v. State Bar (1975) 13 Cal.3d 253, 260.) DISCUSSION A. Terms of the Stipulation and Promissory Note A copy of the Stipulation is attached as Exhibit A to the complaint. (See Flanagan Decl., ¶6.) The Stipulation provides, in relevant part: · VSE and Defendant entered into the Stipulation such that VSE would reduce the interest rate for the p...
Feb 14, 2020
...FACTS: Plaintiff Poonsook Brainangkul alleges that she is the owner of real property in Glendale where she resides as her principal residence. Plaintiff alleges that in July 2015, she submitted a loan modification application to defendant Select Portfolio Servicing, and was approved for a trial period plan, pursuant to which she would make three timely payments and thereafter her loan would be permanently modified. Plainti...
...to permanently modify the loan and initiated foreclosure. Select Portfolio invited plaintiff to submit another loan modification application, and in an effort to save her home, plaintiff submitted the application. Plaintiff alleges that during the second loan modification process, Select Portfolio constantly mishandled her documents, losing some and requesting resubmission, and making inquiry concerning whethe...
Feb 14, 2020
...FACTS: Plaintiff Poonsook Brainangkul alleges that she is the owner of real property in Glendale where she resides as her principal residence. Plaintiff alleges that in July 2015, she submitted a loan modification application to defendant Select Portfolio Servicing, and was approved for a trial period plan, pursuant to which she would make three timely payments and thereafter her loan would be permanently modified. Plainti...
...to permanently modify the loan and initiated foreclosure. Select Portfolio invited plaintiff to submit another loan modification application, and in an effort to save her home, plaintiff submitted the application. Plaintiff alleges that during the second loan modification process, Select Portfolio constantly mishandled her documents, losing some and requesting resubmission, and making inquiry concerning whethe...
Feb 14, 2020
...judgment in this matter based on sister-state judgment in the sum of $850,125.86. The Judgment was mailed by the clerk on April 26, 2019. On May 15, 2019, defendant Lasky was personally served with the Application and Judgment. The matter was originally heard on December 6, 2019. No timely opposition had been filed, and the court published its tentative ruling to grant the motion for assignment of rights as to...
...granted. Opposition papers and reply papers have been filed. ANALYSIS: Relief is sought under CCP section 708.510, which provides, in pertinent part: “(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7(commencing with Section 708.610)...
Feb 14, 2020
...set for trial as certain. (Cal. Rules of Ct., Rule 3.1332(a).) When a party seeks a continuance of the trial date, whether by noticed motion or ex parte application, the party must make the motion or application “as soon as reasonably practical once the necessity for the continuance is discovered.” (Cal. Rules of Ct., Rule 3.1332(b).) Trial continuances are disfavored. (Cal. Rules of Ct., Rule 3.1332(c).) The...
...other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; (4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; (5) The addition of a new par...
Feb 14, 2020
