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Request for an extension of time to plead in California

by Stan Burman

A request for an extension of time to plead in California is the topic of this blog post.

A request for an extension of time to plead in California can be requested to obtain more time to respond to a complaint, cross-complaint as well as certain other pleadings. Code of Civil Procedure section 1054(a) authorizes a judge upon a showing of good cause to grant an extension of tine not exceeding 30 days to respond to a complaint, cross-complaint or other pleading.

The request for an extension of time to plead in California may be made by ex-parte application if necessary.

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 an extension of time will be granted is left to the discretion of the judge hearing the motion.  Good cause will generally be shown by a sufficient showing that the extension is needed to obtain the filing fees for the response; to obtain the funds to retain an attorney; an attorney has been contacted but they need more time to review the case, or a family emergency requires the defendant to travel out of town.  Any declarations submitted in support of the request should contain sufficient facts and evidence that support a strong showing that circumstances beyond the control of the defendant or requesting party have necessitated the request for an extension of time to respond.

Any request for an extension of time to respond should clearly state whether or not any previous extensions of time to respond by court order or stipulation have been granted.

It should be noted that some judges may require that attorneys or parties wishing to request an extension of time to respond first contact the plaintiff or opposing party or their attorney and request that they stipulate to an extension of time to respond. 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.

Sample Ex-Parte Application for Extension of Time to Plead for California by Stan Burman on Scribd

 

Attorney or parties in California that would like more information on a California law and motion document collection containing over 90 sample documents including a sample ex-parte application for extension of time to respond to a complaint sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-law-and-motion-document-collection

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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