Judge: Elaine Lu, Case: 23STCV04454, Date: 2024-01-16 Tentative Ruling

Case Number: 23STCV04454    Hearing Date: March 13, 2024    Dept: 26

Plaintiff CANYON VINEYARD ESTATES I, LLC's Ex Parte Application FOR A JUDICIAL DETERMINATION OF THE SCOPE OF THE AUTOMATIC STAY AS A RESULT OF DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY HAVING FILED A NOTICE OF APPEAL FROM THE SUPERIOR COURT’S ORDER WHICH DENIED COMMONWEALTH LAND TITLE INSURANCE COMPANY’S SPECIAL MOTION TO STRIKE, OR, IN THE ALTERNATIVE, FOR AN ORDER DEEMING THIS APPLICATION A MOTION AND SETTING A HEARING DATE ON SHORTENED TIME is DENIED without prejudice for Plaintiff to bring a noticed motion to be heard on a date reserved on the Court's online CRS system. 

As set forth in the court’s General Order, absent exigent circumstances, a motion will be heard only on the hearing date that the moving party reserves through the online Court Reservation System (CRS) on the court’s website at www.lacourt.org.  Plaintiff has failed to make any showing of irreparable harm, immediate danger, or any other statutory basis for granting relief on an ex parte basis. CRC § 3.1202(c). Nor has Plaintiff demonstrated good cause to advance the hearing on any motion seeking this relief to a hearing date that is unavailable on CRS.

Accordingly, Plaintiff must bring a noticed motion to obtain the relief sought. 

Therefore, Plaintiff's Ex Parte Application is denied without prejudice for Plaintiff to bring a properly noticed motion with a hearing date reserved on the online Court Reservation System.

The moving party to give notice.