Judge: Robert B. Broadbelt, Case: 21STCV23853, Date: 2024-04-15 Tentative Ruling

Case Number: 21STCV23853    Hearing Date: April 15, 2024    Dept: 53

Garcia v. Lance Camper Mfg. Corp.  21STCV23853

Ex Parte Application   4/15/24

The court finds that plaintiff has 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 plaintiff’s request for an order shortening time on the hearing on plaintiff’s motion for court order compelling production of written report of Dr. Judy Ho pursuant to CCP § 2032.610 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 plaintiff’s ex parte application without prejudice to seeking other appropriate relief, including filing an ex parte application to continue trial and advance the hearing on plaintiff’s motion for court order compelling production of written report of Dr. Judy Ho pursuant to CCP § 2032.610 based on regular notice. 

The court orders plaintiff’s and defendant’s counsel to meet and conder no later than April 16, 2024, to make a reasonable and good faith effort to informally resolve the issue presented in plaintiff’s motion for court order compelling production of written report of Dr. Judy Ho pursuant to CCP § 2032.610. 

The court orders plaintiff to give notice of this order.