Judge: Nick A. Dourbetas, Case: 2021-01195800, Date: 2022-11-18 Tentative Ruling

1. Order to Show Cause re: Preliminary Injunction

2. Ex Parte - For Leave to File Cross-Complaint

3. Case Management Conference

Defendant Courtade’s request for preliminary injunction is CONTINUED to December 9, 2022, at 9:30 a.m. in this department.

Plaintiff Candice P. Smith has filed a set of egregiously untimely “reply” papers and a notice of “errata” regarding the same, both filed outside the court-ordered briefing schedule, depriving Courtade of a reasonable opportunity to respond. The new “reply” papers (which actually constitute a supplemental opposition/surreply), including the notice of errata, also loosely attach exhibits that are not properly authenticated or admissible, which the court cannot consider in ruling on the request for preliminary injunction.

This continuance is being provided to give Smith one last opportunity to properly introduce these exhibits into evidence.

Smith shall serve and file any supplemental declaration attempting to do so by no later than 11/23/22 at 5:00 p.m.

*** The Court will not consider any further late filings ***

Courtade may serve and file a short supplemental reply brief of no more than five pages, excluding declarations/other evidence, in response to any supplemental declaration permitted above, by no later than 12/2/22 at 5:00 p.m.    

The TRO issued on 7/27/22 (see ROA No. 256, 258) is to remain in effect until the continued hearing date.

Defendant Courtade’s ex parte request for leave to file cross-complaint is CONTINUED to December 9, 2022, at 9:30 a.m. in this department.

Case Management Conference is continued to August 14, 2023, at 9:00 AM.

Courtade shall give notice of all of the above.