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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

ORDER DETERMINING DISPOSITION OF EX PARTE APPUCATION

Case Name Case Number

Type of Application By Application Date

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Names of Appearing Party Representing

An-froTn) Qbniao
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The Court, having considered the above entitled ex parte application Ithout a hearing Q after hearing
with appearance as noted above, rules as foilows:

n The application is granted.

E TThe
h e aapplication
i is denied on the merits of the papers presented to the Court

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D The application is denied without prejudice to its resubmission for the following reason(s):

n The moving party may not proceed except by noticed motion

D other

D Counsel for the is ordered to prepare formal order.

Cl-150 (10/2006) ORIGINAL-CASE FILE YELLOW-SUBMITTING PARTY PINK-OFFICE COPY

 The ex parte application for an Order Shortening Time is denied. Plaintiff has not
demonstrated that she has acted diligently in seeking the Order Shortening Time. No
explanation is given for why plaintiff waited several months after the candidate filed his
requisite papers before seeking an OST for an Order to Show Cause Re: Injunctive
Relief.

To the extent an emergency situation exists, moving party created it by a lack of

diligence. Relief is properly denied in such circumstances. See Cooksey v Alexakis
(2004) 123 Cal.App.4' 246, 257 (motion to continue suminary judgment hearing
properly denied when moving party has not acted diligently).

Moreover, plaintiff failed to comply with CRC 3.1201 and CRC 3.1204, in that
there is no declaration regarding notice ofthis ex parte application to all parties

Due to the lack of a proper showing, the Court will not grant the relief requested.

The Court declines to entertain oral argument on this ex parte request. There is no
right to oral argument in an ex parte proceeding, the judge may properly decide the
matter on the papers presented. See Wilburn v Oakland Hospital (1989) 213
Cal.App.3d 1107, 1111. As Local Rule 2.04 (A) states, "The adequacy ofthe application
for temporary relief will be determined on the papers submitted. See also. Local Rule
3.14.