Judge: Lee W. Tsao, Case: 23NWCV03552, Date: 2024-09-06 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 23NWCV03552    Hearing Date: September 6, 2024    Dept: SEC

Donald Emerson vs Eugene Emerson, Case No.: 23NWCV03552

This is a contractual fraud action. Plaintiff’s Counsel, Marc Aaron Goldbach, applies ex parte for an order shortening time be heard for a motion to be relieved as counsel.

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).)

Here, Trial is scheduled for February 14, 2025. The hearing for the Motion to be Relieved as Counsel is currently scheduled for May 15, 2025.

The Court finds that Plaintiff would be irreparably harmed by not having the hearing to Relieve Counsel prior to or too closely to trial.

Accordingly, Plaintiff’s Counsel’s, Marc Aaron Goldbach, Motion to be Relieved as Counsel ex parte application is GRANTED. The Motion to be Relieved as Counsel is ADVANCED from Thursday, May 15, 2025 to this date and CONTINUED to Thursday, November 21, 2024, at 9:30 a.m. in Department SE-C.

Plaintiff’s Counsel to give notice.