Judge: Lee W. Tsao, Case: 22NWCV01185, Date: 2024-03-27 Tentative Ruling

Case Number: 22NWCV01185    Hearing Date: April 10, 2024    Dept: C

Judge Olivia Rosales

William Schweizer, et al. v. Humberto Huerta, et al., Case No. 22NWCV01185 This is a defamation action.

Plaintiff moves ex parte for an order deeming Plaintiff’s Opposition to the motion set for April 16, 2024 as timely or alternatively continuing the motion of April 16, 2024 to May 9, 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. R. Ct. 3.1202(c).)

Defendant argues that the opposition was untimely filed and served by regular mail on April 4, 2024. Here, the opposition has been filed and served and Plaintiff would be harmed by not allowing the opposition to be considered. However, to allow Defendant to have the requisite time to file a reply, the Court CONTINUES the Anti-SLAPP motion filed by Defendant Humberto Huerta currently set for April 16, 2024 to be heard concurrently with the Anti-SLAPP motion currently set for May 9, 2024 filed by Defendant Sandra M. Huerta.

Accordingly, Plaintiff William Schweizer Ex Parte Application for an continuing the motion of April 16, 2024 to May 9, 2024 at 10:30 a.m. in Department SE-C is GRANTED.

Plaintiff to give notice.