• Archives

  • Blog Stats

    • 667,011 hits
  • Categories

Request to advance demurrer hearing date in California

A request to advance a demurrer hearing date in California is the topic of this blog post. This post will discuss how to request that the court advance the hearing date on a demurrer although the issues discussed herein also apply to advancing the hearing date on any other motion in California as well.

This post discusses filing an ex-parte application to advance the hearing date on a demurrer or in the alternative that the Court shorten time on the hearing for a demurrer.

With the reduced court funding situation in California the court calendars in many counties are extremely busy at the present time. Add to that tendency of some attorneys and litigants to deliberately schedule a demurrer hearing as far away as possible in order to delay the litigation as long as they can and the ability to advance a hearing date on a demurrer or other motion becomes extremely important.

For example only a few months ago I worked on a case where the defendant filed a demurrer and scheduled the hearing date for early August 2016! That date was over one year from the date that the demurrer was filed! The defendant claimed that was the earliest date available although I recently prepared another motion on the same case in which a hearing date in early November 2015 was obtained using the online scheduling system of the court.

I want to stress that order to obtain ex-parte relief you will have to make a very strong showing of the irreparable harm that will be suffered by the moving party such as severe prejudice or economic loss if the hearing date on the demurrer is not advanced to the first available hearing date. Be sure that any supporting declarations contain admissible evidence such as specific facts that are within the personal knowledge of the person signing the declaration, and that you attach any relevant exhibits that support the ex-parte application.

Don’t forget to give ex-parte notice no later than 10:00 A.M. the Court day before the ex-parte hearing and include a declaration under penalty of perjury that you have given such notice.

Contact the clerk in the department where the demurrer hearing is scheduled as some courts and judges have very specific rules governing ex-parte applications and you may have to file the application before the ex-parte hearing.

Attorneys or parties in California that would like to view a portion of a sample 19 page ex-parte application to advance the hearing date on a demurrer or in the alternative to shorten time on the hearing for a demurrer containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations, a sample 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.

Follow the author on Facebook at https://www.facebook.com/LegalDocsPro

View legal document packages for sale at: http://www.legaldocspro.net

Subscribe to my weekly newsletter with legal tips and tricks for California. http://www.legaldocspro.net/newsletter.htm

You can view portions of over 300 sample legal documents for California and Federal litigation at http://www.scribd.com/LegalDocsPro

*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.

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.

 

 

 

 

 

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: