Judge: Lee W. Tsao, Case: 23NWCV02125, Date: 2024-03-29 Tentative Ruling

Case Number: 23NWCV02125    Hearing Date: March 29, 2024    Dept: C

GM6 Investment Properties LLC vs. Mejia, et al., Case No. 23NWCV02125

 

This is a breach of contract action. Defendant moves ex parte to advance the hearing date on the motion to set aside default and leave to file answer.

 

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).)

 

Defendant states that default was entered against him on January 9, 2024, and the deadline to move to set aside default is six months. (Decl. Costanzo, ¶ 4.)  Defendant timely filed this motion on March 15, 2024. (Decl. Costanzo, ¶ 4.)  The earliest available date to be heard is December 17, 2024. (Decl. Costanzo, ¶ 4.)  He further states he needs to meet the six-month deadline. (Decl. Costanzo, ¶ 5.)

 

Based on the above, the Court advances the motion from December 17, 2024 to today and CONTINUES it to Tuesday, May 28, 2024 at 10:30 A.M. in Dept. SE-C.

 

Moving party to give notice.