Judge: Lee W. Tsao, Case: 23NWCV03155, Date: 2024-03-22 Tentative Ruling

Case Number: 23NWCV03155    Hearing Date: March 22, 2024    Dept: C

Shewak & Lajwanti Holdings, LLC, vs Apex Building Material Supply, LLC, et al., Case No. 23NWCV03155

This is a landlord-tenant action.

Defendant Raymond Lieu applies Ex Parte for a Motion to Set Aside Default and Default Judgment.

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. R. Ct. 3.1202(c).)

Defendant Raymond argues he was not properly served and that the judgment enforcement process will begin if the motion is not heard sooner.  Defendant notes that the first available hearing date is in December 2024.

Defendant’s ex parte application is DENIED.  The motion should be heard by way of noticed motion.  In the alternative, and in the interest of judicial efficiency, the Court specially sets a hearing on Defendant’s Motion to Set Aside Default and Default Judgment on Wednesday, May 29, 2024 at 9:30 a.m. in Department SE-C.  The ex parte application is deemed to be the moving papers.  Opposition and Reply briefs to be filed and served per Code in compliance with the new hearing date.  Defendant is advised that the customary practice is to first reserve a hearing date on the Court Reservation System, file the motion, and then apply ex parte to advance the hearing date. 

Defendant Raymond to give notice.