Legal Question in Civil Litigation in California

If council for the defendant in civil litigation calendared an Ex-Parte hearing, which was not urgent, what Penal Code and / or Code of Civil Procedure did defense council violate?

Asked on 8/29/13, 9:12 pm

4 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Not sure how ..(assuming I understand what you are asking)

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Answered on 8/29/13, 10:47 pm

Charles Perry Law Offices of Charles R. Perry

Almost certainly no violation of the Penal Code or the CCP was violated.

While the ex parte should be denied for the lack of urgency, there is no sanction that is available to you as a result.

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Answered on 8/30/13, 12:05 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

None, and certainly not the Penal Code which covers crimes.

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Answered on 8/30/13, 8:19 am
Joel Selik

CA Rules of Court: Rule 3.1202.

(c) Affirmative factual showing required

An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.

The Other Rules on Ex Parte for the California Rules of Court are:

Rule 3.1200. Application

Rule 3.1201. Required documents

Rule 3.1202. Contents of application

Rule 3.1203. Time of notice to other parties

Rule 3.1204. Contents of notice and declaration regarding notice

Rule 3.1205. Filing and presentation of the ex parte application

Rule 3.1206. Service of papers

Rule 3.1207. Personal appearance requirements

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Answered on 8/30/13, 9:00 am

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