Judge: Lee W. Tsao, Case: 23NWCV02796, Date: 2024-04-15 Tentative Ruling

Case Number: 23NWCV02796    Hearing Date: April 15, 2024    Dept: C

Ponce v. Franco, et al., Case No. 23NWCV02796

This is a breach of contract action. Defendants Heri Steven Franco, Heri G. Franco, and Edith G. Morales move ex parte to set aside default according to Code of Civil Procedure section 473, subdivision (b).

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).)

Defendants have not argued irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.

In addition, parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. (Cal. Rules of Court, rule 3.1206.) Absent exceptional circumstances, no hearing may be conducted unless such service has been made. (Cal. Rules of Court, rule 3.1206.)

Defendants have not submitted evidence that they served the other appearing parties.

In the interests of judicial efficiency, however, the Court specially sets the hearing for the Motion to Set Aside Default to Wednesday, June 12, 2024, at 9:30 A.M. in Dept. SE-C.

Counsel is advised that the Court typically requires litigants to file noticed motions after making a reservation on the Court’s reservation system.  A party may then apply ex parte if necessary. 

Moving party to give notice.