Berkebile v. Barrett
7-1-2020 Tentative is to deny the plaintiff's ex parte application.
As explained in Mission Power Engineering Co. v. Continental Casualty Co. (1995) 883 F. Supp. 488, 492-93, two things are necessary to support an ex parte application:
"First, the evidence must show that the moving party's cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures. Second, it must be established that the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect. "
The applicant here reasons that the pandemic itself provides a reason to proceed ex parte because otherwise the case could be unduly delayed. By this logic the court should permit all proceedings to go forward ex parte. The court sill assure the applicant of a hearing date well before year end for a noticed motion. An IDC should be set before any noticed motion.
Hearing Date
July 02, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Berkebile v. Barrett
7-1-2020 Tentative is to deny the plaintiff's ex parte application.
As explained in Mission Power Engineering Co. v. Continental Casualty Co. (1995) 883 F. Supp. 488, 492-93, two things are necessary to support an ex parte application:
"First, the evidence must show that the moving party's cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures. Second, it must be established that the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect. "
The applicant here reasons that the pandemic itself provides a reason to proceed ex parte because otherwise the case could be unduly delayed. By this logic the court should permit all proceedings to go forward ex parte. The court sill assure the applicant of a hearing date well before year end for a noticed motion. An IDC should be set before any noticed motion.