Judge: Lee W. Tsao, Case: 23NWCV03427, Date: 2024-06-12 Tentative Ruling

Case Number: 23NWCV03427    Hearing Date: June 12, 2024    Dept: C

Henry Morfin, et al. vs Nautilus Hyosung America, Inc., et al., Case No. 23NWCV03427

This is a personal injury action based on a motor vehicle accident.

Plaintiff Henry Morfin moves ex pate for a motion to set aside dismissal pursuant to CCP § 473(d).

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).)

Plaintiff contends he will be irreparably harmed as this will result in significant delay in obtaining a trial date and Plaintiff’s ability to move the case towards resolution.

Accordingly, Plaintiff Henry Morfin’s Ex Parte Application to Set Aside Dismissal is GRANTED. The hearing for the Motion to Set Aside Dismissal is specifically set for Tuesday, August 27, 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 shall be filed within the time period prescribed by CCP § 1005.  Counsel is advised that the Court typically requires litigants to file noticed motions after first making a reservation on the Court’s reservation system.  A party may then seek ex parte relief if necessary. 

Moving party to give notice.