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Ex-parte application for extension of time to respond to complaint in California

An ex-parte application for an extension of time to respond (plead) to a complaint in California is the topic of this blog post. Code of Civil Procedure section 1054(a) allows a judge to grant an extension of tine not exceeding 30 days to respond to a complaint upon a showing of good cause. An extension of time may also be granted to respond to a cross-complaint as well.

An ex-parte application for an extension of time to respond (plead) to a complaint in California is the topic of this blog post. Code of Civil Procedure section 1054(a) allows a judge to grant an extension of tine not exceeding 30 days to respond to a complaint upon a showing of good cause. An extension of time may also be granted to respond to a cross-complaint as well.

Code of Civil Procedure § 1054(a) states that, “When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal and of intention to move for a new trial, the time allowed therefor, unless otherwise expressly provided, may be extended, upon good cause shown, by the judge of the court in which the action is pending, or by the judge who presided at the trial of the action; but the extension so allowed shall not exceed 30 days, without the consent of the adverse party.”

The decision as to whether or not to grant an extension is left to the discretion of the judge hearing the motion. However generally speaking good cause could be established by a defendant who needs an extension of time to obtain the filing fees for the response, to obtain the funds to retain an attorney, they have contacted an attorney who needs more time to review the case; a family emergency requires the defendant to travel out of town. The supporting declarations should make a strong showing that circumstances beyond the control of the defendant have necessitated the request for an extension of time to respond.

Any application should state whether or not any previous extensions of time to respond by court order or stipulation have been granted.

Any defendant wishing to request an extension of time to respond should first contact the plaintiff or opposing party or their attorney and request that they stipulate to an extension. If the request is denied that fact should be mentioned in the supporting declaration.

Attorneys or parties in California who would like to view a portion of an 11 page sample ex-parte application for extension of time to respond to a complaint including brief instructions, a memorandum of points and authorities with citations to statutory authority, sample declaration and declaration regarding ex-parte notice and proposed order sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

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

You can view sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx

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.

The 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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