Judge: Lee W. Tsao, Case: 23NWCV04054, Date: 2024-05-21 Tentative Ruling
Case Number: 23NWCV04054 Hearing Date: May 21, 2024 Dept: C
Shamika
Lashawn Harris vs Rabi Jamil Mouton, Case No. 23NWCV04054
This is a
breach of contract action. Plaintiff Shamika Lashawn Harris (“Plaintiff”) filed
suit against Defendant Rabi Jamil Mouton (“Defendant”) for (1) Declaratory
Relief; (2) Breach of Contract; and (3) Partnership Dissolution.
Plaintiff moves
ex parte for an order advancing the hearing on Plaintiff’s Demurrer to the
Cross-Complaint, currently scheduled for Tuesday, September 24, 2024, and
Plaintiff’s Motion to Compel Defendant Rabi Jamil Mouton’s Deposition,
currently scheduled for Thursday, February 13, 2025.
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
not currently set in this action. However, the Court does find that Plaintiff
would suffer harm by not having her motions earlier.
Accordingly,
Plaintiff’s ex parte application to advance Plaintiff’s demurrer and Motion to
Compel Defendant Rabi Jamil Mouton’s Deposition is GRANTED. Plaintiff’s
demurrer is ADVANCED from September 24, 2024 to today’s date and CONTINUED to
August 15, 2024 at 9:30 a.m. in Dept. SE-C. Plaintiff’s Motion to Compel
Defendant Rabi Jamil Mouton’s Deposition is ADVANCED from Thursday, February
13, 2025 to August 15, 2024 at 9:30 a.m. in Dept. SE-C.
Plaintiff to
give notice.