cdmosaic

Procedural question for motion in Calif

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I filed a Noticed Motion to Compel private binding arbitration per the Citibank contract in Nor Cal court 2 weeks ago and have since initiated arbitration with the forums listed in the contract. I would like to file the initiation paperwork and response with the Court before my hearing. Can someone tell me or point me to the info on the process to file amendments to a Motion?

Also, I only filed a MTC and am wondering if I should file a separate Motion to stay court proceedings or can I just wait for the ruling on the MTC and take it from there?

Advice as always is greatly appreciated.

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I believe that the other party must be served all papers at least 16 days before the hearing date. You can file the documents at anytime, even after 16 days before the hearing as long as the other party doesn't object.

The way that I have done this is by filing a Supplement to your motion to read something like this:

TO THE HONORABLE JUDGE XXXXXX

Defendant [your name] files this Supplement to his Motion to Compel Arbitration for one narrow purpose: to inform the Court of developments that are relevant to the issues in this motion and have occurred since Defendant filed his Motion to Compel Arbitration. To that end, Defendant files herewith Defendant's Supplement to Defendant's Motion to Compel Arbitration, which documents the following recent events.

Then list the events that have occurred like filing with JAMS and their response. Then finish with your request to stay pending arbitration.

SBD

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