Leatherman v Cusack

of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk. "

Ex parte application to allow a Second Amended Complaint: Denied. There is no urgency. There is no declaration in compliance with CRC 3.1202(c): " Affirmative factual showing required -- An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." A noticed motion is required.

There must be compliance with California Rules of Court, Rule 3.1324: "Rule 3.1324. Amended pleadings and amendments to pleadings (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (b) Supporting declaration A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. (c) Form of amendment The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it."

Case Number: 26VECV04802 Hearing Date: August 31, 2026 Dept: T 26VECV04802 Leatherman v Cusack

Ex parte application to advance hearing on Case Management Conference: Denied. There is no urgency. There is no declaration in compliance with CRC 3.1202(c): " Affirmative factual showing required -- A n applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." There is no declaration giving notice of the ex parte. There is no reason given for the request. | Home -->)" -->