Judge: Mark H. Epstein, Case: 19SMCV02145, Date: 2024-01-18 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 19SMCV02145    Hearing Date: April 5, 2024    Dept: I

The court is inclined to DENY the ex parte because there is no declaration of notice.  (The declaration suggests notice was given in July 2023, which makes no sense).  But assuming notice is proper (and it might be, given that there is an opposition), the court is still inclined to DENY.  If the parties agreed that this was a mere technical change that had no practical effect other than to make sure that the right people are named as plaintiff, then the court would be inclined either to grant the application or (more likely) request a stipulation and order.  The fact that there is an opposition and that plaintiff never raised the issue with the defense suggests that there is more to it than that.  Further, as the defense suggests, there are no exigent circumstances.

The matter is therefore DENIED for lack of exigent circumstances.  The denial is WITHOUT PREJUDICE to a regularly noticed motion or (if the parties agree) to a stipulation and order.  The parties should note that the court will look quite skeptically at the motion if it jeopardizes the trial date.

The court does not intend to hear argument on this matter today.