Judge: Robert B. Broadbelt, Case: 22STCV20562, Date: 2023-10-10 Tentative Ruling

Case Number: 22STCV20562    Hearing Date: March 19, 2024    Dept: 53

Langdon v. Diner  22STCV20562

Ex Parte Application  3/19/24

The court finds that defendants 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. 

In addition, after considering the circumstances set forth in California Rules of Court, rule 3.1332, subdivisions (c) and (d), the court also finds that defendants have not met their burden to make an affirmative showing of good cause requiring the requested continuance of trial.  Among other things, the court has considered that (1) the March 20, 2024 trial date in this case has been set since October 27, 2022 (October 27, 2022 minute order), (2) defendants’ ex parte application is being presented to the court for hearing only one day before the March 20, 2024 trial date, (3) although the court issued orders granting defendants’ prior counsel’s motions to be relieved as counsel in October 2023 and those orders were served on defendants on October 25, 2023 (Proofs of Service filed October 25, 2023), defendants have not shown that they acted diligently to retain new counsel to represent them in this action, and (4) plaintiff would suffer prejudice as a result of defendants’ requested continuance of trial for the reasons stated in plaintiff’s opposition to defendants’ ex parte application.    

The court therefore denies defendants’ ex parte application to continue trial. 

The court orders defendants to give notice of this order.