Legal Question in Business Law in California

Does a motion filed by opposing counsel on a post-hearing, bifurcated matter (in a binding arbitration in California), which specifies a hearing date and time for oral discussion on the motion, that is not the correct hearing date and time that has been scheduled (and which is specified in the Arbitrator’s Order), invalidate the motion?

Does it provide any opportunity to excuse a failure to file a motion in opposition prior to the deadline?

Is there any action that could be taken by the party served with said motion, which could, potentially, confer any advantage upon it, with regard to request that is the subject of said motion ?

Asked on 5/12/21, 2:19 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Procedural issue do not have any valid impact on the merits of a motion.

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Answered on 5/15/21, 2:34 pm

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