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Advancing a hearing date in California

by Stan Burman

Advancing a hearing date in California is the topic of this blog post.

This post will discuss advancing the hearing date in California for a demurrer although the issues discussed herein also apply to advancing the hearing date on any other motion in California as well.

In particular this post will discuss 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.

Due to the drastically 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 in 2015 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 prepared another motion on the same case in which a hearing date in early November 2015 was obtained using the online scheduling system on the Court website.

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 and all supporting documents 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 use the link shown below.

Sample Ex-Parte Application to Advance Hearing Date in California by Stan Burman on Scribd

 

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

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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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