Judge: Lee W. Tsao, Case: 23NWCV03175, Date: 2024-01-04 Tentative Ruling

Case Number: 23NWCV03175    Hearing Date: January 4, 2024    Dept: C

Vernonco, LLC vs P&Y T-Shirt and Silkscreen Company, Inc., Case No. 23NWCV03175

This is an action for Unlawful Detainer with respect to commercial premises, based on a 30-day notice to vacate after the expiration of a fixed term lease. Plaintiff Vernonco LLC files an ex parte application to advance a motion for summary judgment against Defendants P&Y T-Shirt and Silkscreen Company.

“An application must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting ex parte relief.” (California Rules of Court, Rule 3.1202(c).) In the motion, and the accompanying declaration by Plaintiff’s counsel, there is no affirmative showing by Plaintiff of irreparable harm, immediate harm, or other statutory basis for granting the ex parte.

Plaintiff does make mention that the Motion for Summary judgement date is not scheduled for hearing until after the trial date.  However, the parties have stipulated to the trial date. Plaintiff argues that it diligently scheduled the hearing for its motion, however, Plaintiff waited twelve days after stipulating to the trial date to make its’ motion.  The Court finds that Plaintiff could have filed its motion for summary judgment prior to the stipulation.  Moreover, Plaintiff makes no affirmative showing of newly acquired evidence or other circumstances that were in Plaintiff's knowledge at the time of the stipulation.  Accordingly, Plaintiff’s ex parte application to advance the motion for summary judgment is DENIED.