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What should I expect at Motion to Compel Hearing


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You can expect to argue, to the judge, your case that whatever your wanting from the other side, the judge needs to compel them to provide.

If you filed the motion to compel, how are you confused? Your asking the court to compel the other side to provide or do something. You better be prepared if your dragging the other side into court. Not trying to scare you, but you better have a good reason and not just have filed some boiler plate type motion, such as, you see here with affirmative defenses.

You need to argue why you need whatever your trying to compel the other side for. If the other side objected then your going to argue why their objection should be overruled. The other side is going to argue why their objection should be upheld.

Generally speaking, the side that wins the motion will get some type of sanctions, such as atty fees, from the party that lost. That is assuming the party attempted, prior to filing the motion, to get things worked out.

An oral argument hearing, that you requested, is something you need to be overly prepared for. It's important.

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I filed a motion due to the plaintiff not properly answering the BOP. Therefore, I filed a motion to compel and requested all documents which im sure they dont have.

Then you need to ask the judge to order them to state, on the record, they don't have the documents. That way they can't be used at trial.

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What should I expect at Motion to Compel Hearing? My hearing is set for Firday and I Filed the motion A month and Half ago. Not sure how to prepare or what to expect. Any help is appreciated. Thanks in advance.

Find out if there is a tentative ruling in your case. If so, you will know which way the judge is leaning. Also, the losing party must call the court and opposing attorney by a specific time (usually 4 p.m. the day before) to request argument or the tentaqtive will become the Court's order.

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Ok I just got screwed, and did it to myself. I had the wrong date. The hearing is tomorrow. and yes there was a tentative ruling. My motion was denied. due to not prperly served. however I did properly serve the plaintiff. It's past the deadline to request an argument therefore, i believe that will become the courts order. Dont know what to do. The Hearing is still scheduled for tomorrow. Should I still show up, or is it useless. Or will the case (Motion) be vacated tomorrow morning?

If I dont show up will their be sanctions againts me?

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According to CALAWYER, if I read correct, since you did not ask in time for a hearing the ruling just becomes official tomorrow. To me, that would mean no use to show up, you lost (that part, not the case).

Yeah I think you're right. Calawyer can you confirm? Thanks Coltfan for the help. I appreciate it.

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My guess is that you served the plaintiff but did not file the proof of service with the Court. Plaintiff may not have responded so the Court assumed it was not served.

You could go to Court tomorrow and ask to be heard. If my above guess is correct, tell the Court you did serve the plaintiff but neglected to file the proof of service. Ask if you could have another hearing date and serve an amended notice of hearing.

If it is a motion to compel documents, rogs or RFAs, it matters because there is a time limit to bring these motions and filing a new motion may make it untimely. If it is a BOP, there is no time limit to bring the motion so it really doesn't matter whether the Court allows you to amend the notice (except that you will have to pay a new filing fee).

Another benefit to going to Court tomorrow is that you will get to see the Judge in action and watch lawyers and pro pers argue. I would not worry about sanctions. Failing to file a proof is not a ground for sanctions. If the Court felt otherwise, it would have been in the tentative ruling.

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calawyer, how do I PM you? My husband is going through a similar situation; we've filed a Petition to Compel Further Response for Plaintiff's insufficient response to BOP and we have a hearing scheduled 12/12. We are looking to hire a lawyer to represent us the rest of the way.

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calawyer, how do I PM you? My husband is going through a similar situation; we've filed a Petition to Compel Further Response for Plaintiff's insufficient response to BOP and we have a hearing scheduled 12/12. We are looking to hire a lawyer to represent us the rest of the way.

I think you are not able to pm until you have a certain number of posts.

Check the Court rules to see whether there is a tentative ruling system. Watch for the opposition brief which you should have received by now. Your reply brief is due 5 Court days before the hearing.

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  • 7 months later...
nevermind, just called the court and they said the judge will give the ruling on the bench and allow parties to argue. Need to start thinking of what I'm going to argue.. I thought the papers filed were supposed to argue for themselves..

Good question. I like to have a brief statement prepared. I usually write it down and look at it enough so I have it memorized. It can be very short. For example, if this is a motion to compel BOP, you could say:

Your honor, Code of Civil Procedure section 454 is very specific. Plaintiff does not need to file a lengthy complaint in a case such as this one. However, upon request, plaintiff must furnish every item of the account sued upon, within 10 days, or it will be precluded from offering such evidence at trial.

In response to defendant’s demand under CCP 454, plaintiff produced only [one] statement dated x/x/xx. Defendant sent [two letters] asking plaintiff to supplement its response before resorting to the filing of this motion. In this case, plaintiff has been given far longer than the statutory period. Defendant was forced to bring this motion because plaintiff did not comply with its obligations under the statute. The Court should now issue an order precluding plaintiff from using at trial any document other than the [one] statement it provided.

After that, you can tell the Court that you think your briefs explained the situation fully, but are happy to answer any questions the Court may have.

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