California  |  Business Law

Legal Question

Asked on: 5/16/13, 11:00 am

Can I object to an ex parte continuance request. The defendant answered the original filing months ago but choose not to attend anything beyond that the cmc, pretrail, etc. Now we are three weeks out from trial and she gets an attorney. They asked us if we could delay and we said no way shes had months to deal with this. Now they say they will get one regaurdless due to the exparte request. How can this be fair?

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Answered on: 5/16/13, 11:11 am by Timothy McCormick

There is no guarantee that they will get what they ask for in an ex parte request for a continuance. And, yes, you can file an objection. If you have a lawyer, they will know how to deal with this. The court has the discretion to grant a continuance, but there are persuasive arguments against it. If you don't have a lawyer, and she does, though, you are about to get slammed. Time to lawyer-up yourself.


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Libris Solutions - Dispute Resolution Services 201 Spear St., Suite 1100 San Francisco, CA 94105

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Answered on: 5/19/13, 8:33 am by Bryan Whipple

I would say that under the conditions and circumstances described, the judge is likely to grant a defendant's ex-parte application for a postponement of trial, even if the plaintiff files an objection.


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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