Legal Question in Civil Litigation in California

Summary judgment hearing sched for 8-9-12. Wed 8-9-12 is deadline to respond. Need to continue (or deny)msj hearing for further discovery. ...opposing side has not been forthcoming. What is procedure & required docs needed to request on mon 7-23 an exparte hearing on tues 7-24 to continue summary judgment 4-6 mths befor wed deadline? Urgent matter. Thank you. 916.342.4924.

Asked on 7/22/12, 3:09 pm

3 Answers from Attorneys

You can't even get your dates straight and you hope to win a case? IF you have an 8/9 MSJ hearing your deadline for responding is THURSDAY of next week. You are never going to get a 4-6 MONTH continuance either. IF you manage to get a continuance at all, you will get just enough time to conduct the discovery needed. You really are in over your head. You are about to prove the old saying that if you think you can't afford a lawyer you must be sure you can afford to lose the case.

But if you insist on losing with the maximum of wasted effort, here is where you can find what you need to do to file an ex parte motion:

And the 3.1200 series of rules here:

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Answered on 7/22/12, 4:33 pm
Patricia Meyer Patricia Meyer & Associates

I agree you likely need a lawyers guidance to oppose an MSJ. To get any additional time you need to follow specifics in CCP 437c. There is a section specifically talking about needing additional discovery or more time. But you need to follow it to letter. Good luck.

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Answered on 7/22/12, 8:32 pm
Anthony Roach Law Office of Anthony A. Roach

You should have spoken to a lawyer as soon as you received the motion for summary judgment, if not sooner.

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Answered on 7/23/12, 9:49 am

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