Judge: Lee W. Tsao, Case: 23NWCV02312, Date: 2024-02-07 Tentative Ruling

Case Number: 23NWCV02312    Hearing Date: March 26, 2024    Dept: C

Higgins, et al v. LBJ Healthcare Partners, Inc., et al., Case No. 23NWCV02312

This is a wrongful death action. Decedent Nicole Lacea Higgins walked away from a residential care facility, was struck by a motor vehicle, and died. Plaintiffs move ex parte for an order granting them leave to file their fourth amended complaint.

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).)

Plaintiffs assert that the next available date for a noticed motion is January 16, 2025. (Decl. Harper, ¶ 6, Ex. 2.) They further assert that they will be prejudiced because they will not be able to promptly prosecute this action. (Decl. Harper, ¶ 8.)

Code of Civil Procedure section 473, subdivision (a)(1) states that an amendment may be permitted after giving notice to adverse parties, except to change names or correct a mistake,. Plaintiffs have not stated or otherwise indicated what kinds of changes they want to make to the complaint.

Thus, the Court denies the ex parte application.