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.