Judge: Lee W. Tsao, Case: 23NWCV00389, Date: 2024-04-10 Tentative Ruling

Case Number: 23NWCV00389    Hearing Date: April 10, 2024    Dept: C

Heriberto Feliciano vs Tina M. Leuth, Case No. 23NWCV00389

This action is based on a motor vehicle accident.

Plaintiff Heriberto Feliciano moves Ex Parte to Set Aside an Order for Dismissal.

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).)

Plaintiff contends that he will be denied a trial on the merits if he is not allowed to set aside the dismissal due to the expired two-year statute of limitations.  This motion is unopposed.

Plaintiff Heriberto Feliciano’s Ex Parte Application is DENIED.  Alternatively, the Court specially sets a hearing for the Motion to Set Aside Order for Dismissal on June 11, 2024 at 9:30 a.m. in Dept. SE-C. 

The ex parte application is deemed to be the moving papers.  Opposition and Reply briefs shall be filed within the time period prescribed by CCP § 1005.  Counsel is advised that the Court typically requires litigants to file noticed motions after first making a reservation on the Court’s reservation system.  A party may then seek ex parte relief if necessary. 

Moving party to give notice.