Judge: Lee W. Tsao, Case: 23NWCV01029, Date: 2024-04-09 Tentative Ruling

Case Number: 23NWCV01029    Hearing Date: April 9, 2024    Dept: C

Ana Cueva De Garcia, et al. vs Premier Medical Transport, Inc., et al., Case No. 23NWCV01029

This is a personal injury action arising out of a motor vehicle collision involving Plaintiffs and Defendants which occurred on October 9, 2021.

Plaintiff Ana Cueva De Garcia moves Ex Parte to be appointed as the Successor In Interest on behalf of Plaintiff Castula Ballesteros who passed away on November 15, 2023. 

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).)

Trial in this matter is scheduled for October 22, 2024. The first hearing date available is in December 2024. The Court finds that Plaintiff would be harmed by not having a representative for Plaintiff Castula Ballesteros in the instant action.

Accordingly, Plaintiff Ana Cueva De Garcia’s Ex Parte Application GRANTED in part.  The hearing date for the Motion to be appointed as the Successor In Interest on behalf of Plaintiff Castula Ballesteros is specially set for Tuesday, May 21, 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.