Judge: Lee W. Tsao, Case: 23NWCV02024, Date: 2024-11-21 Tentative Ruling

Case Number: 23NWCV02024    Hearing Date: November 21, 2024    Dept: C

Greenfield v. Barragan 23NWCV02024

This action concerning real property was filed on June 30, 2023. Plaintiff (in pro per) moves ex parte to Set Aside the Default and Default Judgment entered against Plaintiff ADAM GREENFIELD. 

The Court notes that Default against Plaintiff Greenfield was entered on September 4, 2024. Default Judgment has not been entered. 

Plaintiff GREENFIELD's Ex Parte Application to Set Aside Default and Judgment is DENIED. Exigency has not been established to warrant ex parte relief. This matter should be heard as a regularly noticed motion. Moreover, the ex parte application is procedurally defective for the following reasons: (1) The Notice is defective under CRC Rule 3.1204. Plaintiff improperly noticed this hearing for 9:30 a.m. in Dept. SE-F. Ex Partes concerning law and motion matters are properly noticed for 8:30 a.m. in Dept. SE-C; and (2) No Declaration regarding notice is attached to the ex parte application as required by CRC Rule 3.1204(b). 

The Court recognizes that Plaintiff has RESERVED a hearing date of September 4, 2025 for the  Motion to Set Aside Default and Default Judgment. Once that Motion gets filed and scheduled, Plaintiff is not foreclosed from seeking ex parte relief to advance that hearing date, if necessary. Court Clerk to give notice.