Judge: Lee W. Tsao, Case: 23NWCV00024, Date: 2024-09-05 Tentative Ruling

Case Number: 23NWCV00024    Hearing Date: September 5, 2024    Dept: C

John Rodarte, et al. vs Dmg Optical Solutions, et al.

This is a medical malpractice action. Defendant Narayan Drugs, Inc. d/b/a APS Pharmacy applies ex parte to advance the hearing for its motion to deem RFAs 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).)

Here, trial is set for January 31, 2025. However, the motion to deem requests for admission admitted is not set until March 18, 2025.

The Court finds that Defendant Narayan Drugs, Inc. d/b/a APS Pharmacy would be irreparable harmed by not hearing the motion to deem RFAs admitted prior to the trial date.

Accordingly, Defendant Narayan Drugs, Inc. d/b/a APS Pharmacy ex parte application is GRANTED. The hearing to deem RFAs admitted is ADVANCED to this date and CONTINUED to Tuesday, November 12, 2024 at 10:30 a.m. in Department SE-C.

Defendant to give notice.