Judge: Lee W. Tsao, Case: 23NWCV03585, Date: 2024-05-09 Tentative Ruling

Case Number: 23NWCV03585    Hearing Date: May 9, 2024    Dept: C

Rutherford v. Gutierrez Family Investment 

Defendant GUTIERREZ FAMILY INVESTMENT PARTNERSHIP, LP's Ex Parte Application to Shorten Time for Hearing on Motion to Set Aside Default and Judgment is DENIED without prejudice for failure to comply with the Notice requirements set forth by CRC Rule 3.1204(b)(1), which states that a declaration regarding notice must accompany an ex parte application. The declaration regarding notice must state: "[t]he notice given, including the date, time, manner, and name of the party informed...." Moreover, if notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain why. (CRC Ruel 3.1204(c).) Here, no such declaration is attached to/lodged with the ex parte application. The ex parte is procedurally defective and must be denied without prejudice. Moving Party to give notice.