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Request for extension of time to respond to California unlawful detainer (eviction) complaint

A request for an extension of time to respond to a California unlawful detainer (eviction) complaint is the topic of this blog post.  An extension of time to respond is also referred to as an extension of time to plead. Because of the very short deadlines to respond in a California eviction any request should be made by ex-parte application.

Good cause should be shown for any request pursuant to Code of Civil Procedure sections 1167.3 and 1167.5. Good cause could be a defendant who needs additional time to come up with the required filing fee for a response, or needs more time to locate an attorney who can represent them.  It is a good idea to first contact the plaintiff or attorney for the plaintiff and request that they stipulate to an extension even though it is unlikely that they would agree. However the fact that the defendant requested a stipulation which was refused may help establish good cause.

Note that in most cases the maximum extension that can be granted is ten (10) days, and some Judges may be very reluctant to grant an extension unless the defendant can show that circumstances beyond their control require that an extension be granted.

Normally, a party seeking an ex parte order in a civil case must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance (absent a showing of exceptional circumstances justifying shorter notice). In unlawful detainer proceedings, however, an ex parte applicant may give shorter notice “provided that the notice given is reasonable.” See California Rule of Court 3.1203.

Attorneys or parties in California who would like to view a portion of a 10 page sample ex-parte application for an extension of time to respond to a California eviction complaint containing a memorandum of points and authorities with citations to case law and statuory authority that is sold by the author can see below.

 

Attorneys or parties in California that would like more information on a California eviction litigation document package containing over 25 sample documents including a sample ex-parte application for an extension of time to respond to a California eviction complaint can use the link shown below.

California eviction litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you enjoy this blog post, tell others about it.  You can subscribe to the author’s FREE weekly newsletter for California and Federal litigation by visiting:  http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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