Judge: Lee W. Tsao, Case: 21NWCV00467, Date: 2023-11-01 Tentative Ruling

Case Number: 21NWCV00467    Hearing Date: March 6, 2024    Dept: C

Ideal Ventures, LLC v. Tim Childress, et al., Case No. 21NWCV00467

This is a breach of contract and conversion action. Plaintiff alleges that it hired defendants to haul containers from the ports of Los Angeles and Long Beach to plaintiff’s warehouse. Defendants allegedly overcharged for shipping and did not deliver one container. Defendant 10PL Global, Inc. moves ex parte to file an application to set aside the following: (1) default and default judgment entered against it on February 24, 2022 in favor of plaintiff, and (2) the default entered against it on August 11, 2022 in favor of cross-complainants Tim Childress; Axelavate Transportation, LLC; and Axelavate Logistics, LLC. The statutory basis is Code of Civil Procedure section 473.5. Alternately, defendant requests the Court enter an order to advance the hearing date of December 3, 2024.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)

The Court finds irreparable harm and immediate danger. Plaintiff states that the earliest date to hear defendant 10PL’s motion to set aside and vacate the default is December 3, 2024. (Decl. Kim, ¶ 8.) The current trial date is September 24, 2024.

The Court will not hear the motion today but at an advanced date. A motion to set aside default brought under Code of Civil Procedure section 473.5 must be brought by noticed motion. (Code Civ. Proc., § 473.5, subd. (a).) Thus, the Court grants the motion to advance the hearing date. The hearing date is ADVANCED from Tuesday, December 3, 2024, to today’s date and CONTINUED to Tuesday, April 23, 2024, at 9:30 a.m. in Dept. SE-C. 

Moving party to give notice.