Judge: Lee W. Tsao, Case: 23NWCV00214, Date: 2024-01-24 Tentative Ruling

Case Number: 23NWCV00214    Hearing Date: March 8, 2024    Dept: C

Oman v. Lucero, et al., Case No. 23NWCV00214

This is an unlawful detainer action. On June 15, 2023, judgment was entered in favor of plaintiff in the amount of $20,000.00. The parties had settled the case. On December 20, 2023, the defendant appealed. Defendant Victor Lucero, a pro se defendant and commercial tenant, moves ex parte for the following: (1) stay execution of the judgment until a hearing on his motion to set aside judgment; and (2) shorten time for hearing and service of the motion to set aside.

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).)

Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. (Cal. Rules of Court, rule 3.1206.)

Defendant states that according to the Sheriff’s Notice to Vacate, he will be locked out on March 2, 2024. (Decl. Lucer, pg. 5.) Thus, it is not clear whether the instant motion is now moot.  Defendant’s declaration states that notice was given by leaving a voicemail for Plaintiff’s Counsel on February 28, 2024.  However, Defendant does not establish that he provided Plaintiff’s Counsel with a copy his ex parte application. 

Accordingly, Defendant’s ex parte application is DENIED.

Clerk to give notice.