Judge: Robert B. Broadbelt, Case: BC670702, Date: 2023-01-26 Tentative Ruling

Case Number: BC670702    Hearing Date: January 26, 2023    Dept: 53

Blalock v. Halt Gold Group, LLC, Case No. BC670702

Ex Parte Application – 1/26/23

Plaintiffs and cross-defendants have filed a renewed ex parte application to advance and shorten time for the hearing on their motion to compel the deposition of defendant Halt Gold Group, LLC.  As stated in the ex parte application, plaintiffs and cross-defendants have made ex parte applications for the same relief on May 20, May 25, and July 14, 2022, which the court denied.   

The court finds that plaintiffs and cross-defendants have not met their burden to show new or different facts, circumstances, or law to support their renewed Ex Parte Application.  (Code Civ. Proc., §1008, subd. (b).)  The court also finds that plaintiffs and cross-defendants have not satisfied the requirement of California Rules of Court, rule 3.1202(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 discovery cutoff and discovery motion cutoff dates have still passed.  (Code Civ. Proc., §2024.020, subds. (a) (b).)  The court therefore denies plaintiffs and cross-defendants’ ex parte application. 

The court orders plaintiffs and cross-defendants to give notice of this order.