Judge: Lee W. Tsao, Case: 22NWCV00741, Date: 2023-08-29 Tentative Ruling

Case Number: 22NWCV00741    Hearing Date: February 15, 2024    Dept: C

Jane Hodges, Special Administrator of Estate of Rose Mary Ollison, et al. vs Zev Brooks, et al, Case No. 22NWCV00741

This is an action for legal malpractice and breach of fiduciary duty. Defendants have filed an ex parte application shortening time for Motion Deeming Request for Admissions be Deemed Admitted.

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. R. Ct. 3.1202(c).)

Trial in this matter is scheduled for November 22, 2024, with the last date to hear discovery motions set for November 7, 2024. Defendants’ Motion to Deem Request for Admissions Admitted is not set to be heard until November 12, 2024, which comes after the time which a discovery motion may be heard. The Court finds that Plaintiff would be irreparably harmed by not allowing the motion to be heard prior to the discovery cut-off dates. Moreover, Defendants’ Motion for Summary Judgment is set for July 31, 2024.

Accordingly, Defendants Zev Brooks and The Law Offices of Zev Brook’s Ex Parte Application to ADVANCE the hearing date for Motion to Deem Request for Admissions Admitted is GRANTED. The Hearing for Motion to Deem Request for Admissions Admitted is ADVANCED from Tuesday, November 12, 2024 and CONTINUED to Tuesday, June 18, 2024 in Department SE-C at 9:30 a.m.

Defendant to give notice.