cdmosaic

Anyone know how Ex Parte works in Contra Costa County?

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I'm lost and can't seem to find the info I need and am wondeirng if anyone has done an Ex Parte Application in Calif - Contra Costa County. I filed an Ex Parte Application Order for Shortening Time on Monday the 12th with the County Clerk. I have checked the website for Ex Parte orders filed this week and there is a long list with comments or pick up at clerks window noted, etc, but the case names are all blank with only a ref #, which does not appear on any of my paper work. The OST related to a MTC that was denied today in a tentative ruling (which I expected, hence the OST) for which I have asked to appear tomorrow at 8:30am. I have spoken with the Judge's clerk and she informed me that my Ex Parte App was not seen by this judge and so he knows nothing about it. I can't figure out how this process works and what happened to the Ex Parte App I filed relating to this MTC. Can anyone point me in the right direction here. Seriously confused. Thanks.

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CoCo County is part of the sf bay area. We successfully file more actions with the California Judicial Council than any other area of the state. So bay aea judges pretty much follow the rule of law. They rarely stray off the reservation because they know they are pretty likely to be lit up before the judicial council.

So it is extremely weird that your Motion To Compel was denied. What was the language in the tentative? Could you have cured your defect by oral argument?

I went in on cross-defendant bank of america's motion for summary judgment this week. I beat them on their motion of course but the trial judge I thought committed reversable error by allowing in evidence I didn't think met the Evidence Code. Again this being the bay area the judge was spot on. He had prepared for my oral arguement so when my case was called he didn't even let me get into my arguement he cited the law. His reporter caught everything. No reason for me to say anything other than thank you. I was wrong. The judge was right. Of course the bigger issue was I beat them on their motion. They will probably increase their offer to me on my cross-complaint. To not do so means they take their chances at trial with a judge who just told them how he will probably rule at trial based on their pleadings and oral arguements in his ruling on their MSJ.

So if you lost in your MTC it's probably time to ask yourself about bringing in some help. The order shortening time is as straight forward as a motion to compel. I think its maybe 3 pages in the Bender practice guide. Just type directly from the practice guide.

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I elected arbitration, waited two weeks and didn’t hear from the Plaintiff, so filed MTC. Got the latest hearing date possible before existing trial date, Plaintiff filed opposition motion that I should be denied because I didn’t file 16 days before hearing. I couldn’t because trial date was too soon. I filed Ex Parte App OST, which I am waiting to hear something on (can’t figure out how to get info on that - how do I get info on that?), in the mean time, judge’s tentative ruling on MTC was to deny because of insufficient time. He also said that since the trial is next week, I should be denied on those grounds as well.

I asked to argue the ruling tomorrow morning where I intended to explain that I could not get a hearing date that would comply with CCP 1005(B); I have already both elected and initiated arbitration per the Citibank contract, case should be stayed pending arbitration or I need a continuance. Not sure what else to do.

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Here are the instructions.

Here is a link to a document to use for the proof of service. The court will not hear the case unless you serve the other party and file the proof of service along with the request for exparte and the documents you want to file. All must be submitted to the court.

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If all you are trying to do is get a hearing on your original motion, you don't need an ex parte application. Under Co Co CO local rules (7C), the tentative ruling becomes the ruling of the court unless either party contacts the Court and opposing counsel to request to be heard. http://www.cc-courts.org/_data/n_0003/resources/live/LocalRulesFinal0110.pdf

If you do that (and it seems you did), you just show up at the hearing tomorrow and argue.

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but if you elected arbitration then the court no longer has jurisdiction, file for a motion to dismiss due to improper venue. Unless arb is part of the court whee you are. Where I live if you elect arb it is no longer a matter of the court.

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