Judge: Lee W. Tsao, Case: 18NWCV00181, Date: 2023-12-13 Tentative Ruling

Case Number: 18NWCV00181    Hearing Date: December 13, 2023    Dept: C

Rick Oliver Trevino, et al. vs Stacy Helen Trevino, et al., 18NWCV00181

Michael R. Perry, Esq. Larry M. Roberts, Esq. Matthew J. Bertolucci, Esq. Attorneys for Plaintiff/Cross-Defendant Rick Oliver Trevino apply ex parte to be relieved as counsel.  Attorneys for Plaintiff allege they will be irreparably harmed if the motion is not advanced from the currently scheduled hearing date of January 10, 2024, because that date is beyond the 5-year deadline to bring the matter to trial.  This action was filed on December 21, 2018. Trial is not set, but an order to show cause re dismissal pursuant to settlement is scheduled for December 14, 2023, one day after the instant ex parte application.  Attorneys for Plaintiff represent that they filed the motion in August of 2023, received the hearing date in January, but did not file the instant ex parte application until December 12, 2023.  The Court finds Attorneys for Plaintiff have not acted with due diligence in seeking ex parte relief and have not otherwise demonstrated irreparable harm.  Accordingly, Attorneys for Plaintiff Michael R. Perry, Larry M. Robert’s, and Matthew J. Bertolucci’s ex parte application is DENIED.

Moving Party to give notice.