Judge: Lee W. Tsao, Case: 23NWCV00745, Date: 2023-08-29 Tentative Ruling

Case Number: 23NWCV00745    Hearing Date: August 29, 2023    Dept: SEC

Complete Clothing Company v. Buchalter 23NWCV00745

Plaintiff applies ex parte to advance the hearing date for its Motion to Compel Further Discovery Responses in light of payments it is required to make to third-party Ningbo under a voluntary settlement agreement.  The complaint was filed in March 2023 and trial is currently scheduled for February 2025.  Plaintiff's Ex Parte Application is DENIED.  Plaintiff’s application fails to comply with CRC, rule 3.1202(c) which requires that the “applicant make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis.”  Plaintiff makes no factual showing of irreparable harm, immediate danger, or any other statutory basis to advance the currently scheduled hearing.  In the alternative, the court schedules an Informal Discovery Conference regarding Plaintiff’s Motion to Compel on October 6, 2023 at 10:30 a.m. in Dept. SE-C.  Defendant may file an informal opposition not to exceed five pages no later than September 29, 2023.

Moving party to give notice.