Judge: Robert B. Broadbelt, Case: 20STCV05807, Date: 2024-07-31 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 20STCV05807    Hearing Date: July 31, 2024    Dept: 53

Jung v. Turn Around Communications, Inc.  20STCV05807  

Ex Parte Application   7/31/24

The court notes that, as stated in plaintiffs’ ex parte application, “[o]n February 21, 2024, Plaintiff’s Counsel came to this court on an ex parte basis seeking the same relief requested herein; the ex parte was denied, and the Court ordered the parties to meet and confer.”  (Plaintiffs’ ex parte application, memorandum of points and authorities, filed 7/30/24, p. 1:19-22.) 

The court rules on plaintiffs’ ex parte application, filed July 30, 2024, and presented to the court on July 31, 2024, as follows.

The court finds that plaintiffs have not satisfied the requirement of California Rules of Court, rule 3.1202, subdivision (c), that an applicant for an ex parte order must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte. 

The court does not find good cause to grant plaintiffs’ request for an order shortening time on the hearings on their motions to compel depositions, filed February 20, 2024, or to prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005, subdivision (b).  (Cal. Rules of Court, rule 3.1300, subd. (b).)

The court therefore denies the ex parte application without prejudice to plaintiffs’ seeking other appropriate relief, including but not limited to, filing an ex parte application to continue the trial and to advance the hearings on plaintiffs’ motions to compel depositions. 

The court orders the parties’ counsel to meet and confer no later than August 2, 2024, to make a reasonable and good faith effort to informally resolve the issues presented by plaintiffs’ motions to compel depositions.

The court orders plaintiffs to give notice of this order.