Judge: Christopher K. Lui, Case: 23STCV07541, Date: 2023-05-22 Tentative Ruling

Case Number: 23STCV07541    Hearing Date: May 22, 2023    Dept: 76

Easy Financial, LLC v. CHURCHILL FUNDING I, LLC, et al.

Case no. 23STCV07541

Order Re: Defendant Churchill Funding I, LLC’s Ex Parte Application For Order Advancing Hearing On Motion To Dismiss, Or In Alternative, Stay Action

The Court has reviewed the ex parte application of Defendant Churchill Funding I, LLC for an order shortening the time for hearing on its motion to dismiss, or in the alternative, to stay the instant case.  The Court has also reviewed what appears to be Plaintiff’s opposition (i.e., a document styled as “Declaration of Jeffre T. Lowe in ‘Opposition” to Defendant’s Ex Parte Application To Shorten Time on Motion.”)  The Court finds this matter suitable for decision in chambers without argument.

Notwithstanding the fact that Code of Civil Procedure Section 418.10 provides that motions under that section must be heard within 30 days, the Court of Appeal has held that trial courts have discretion to consider such motions that are heard outside the thirty day window, in part because section 418.10(a) provides that a court may for good cause extend the time for the filing of such motions in the first place.  (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1296.) 

The hearing on Defendant Churchill Funding I, LLC’s motion to dismiss is advanced to June 29, 2023 at 8:30 a.m.

Moving party to give notice.