Judge: Armen Tamzarian, Case: 20STCV33037, Date: 2022-12-16 Tentative Ruling

Case Number: 20STCV33037    Hearing Date: December 16, 2022    Dept: 52

20STCV33037 Olivia McCabe Vs. Madkan Dermatology - Hearing on Ex Parte Application to Stay Case

Plaintiff applies ex parte to stay the entire case pending her appeal of the court’s order sustaining defendant ADP, Inc.’s demurrer without leave to amend. 

California Rules of Court, rule 3.1202(c) provides, “An 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.” 

Plaintiff fails to show irreparable harm or immediate danger that warrants granting ex parte relief.

The court also notes that, while plaintiff submitted a joint stipulation to stay the action, it is not signed by counsel for ADP, Inc.

The application is denied.