Judge: Lee W. Tsao, Case: 23NWCV02260, Date: 2025-06-05 Tentative Ruling

Case Number: 23NWCV02260    Hearing Date: June 5, 2025    Dept: C

EBF Holdings v. Tranquility Hospice, Inc. et al., Case No. 23NWCV02260

This breach of contract action was filed on July 24, 2023. The FSC is scheduled for August 5, 2025 in Dept. C. Trial is scheduled to begin on August 19, 2025 in Dept. C.  Plaintiff EBF Holdings (“EBF”) applies ex parte for a continuance on the trial date and all related deadlines for a period of at least six months on the grounds that Plaintiff is unable to adequately prepare for trial due to Defendants' failure to appear at their duly noticed deposition. (Marshall Goldberg Decl., ¶¶6-7.)

The ex parte application is DENIED without prejudice.  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).)  Plaintiff has not demonstrated irreparable harm at this juncture.  Discovery cut-off is more than six weeks away and EBF has not filed motions to compel the discovery it seeks.  Moving party to give notice.