Learnin Posted March 9, 2013 Report Share Posted March 9, 2013 Hey all. I misread a CCP statute, and set a motion hearing date for less than the 16 days required by Cal CCp 1005(. Plaintiff's Objection to the Motion includes argument of my lack of compliance with ccp 1005(. Is there a way to fix that before the hearing? They're already responded to the Motion with an objection, (so hopefully a later hearing date can be set since that hasn't harmed the other sides' abillity to respond...) 1. Set a new hearing date and serve motion again? 2. File a request or some kind of motion to extend or equivalent? 3. Ask for forgiveness in the 'Response to Plaintiff's Objection'? There's only a few days until the currently set hearing date. Link to comment Share on other sites More sharing options...
calawyer Posted March 9, 2013 Report Share Posted March 9, 2013 Get a new hearing date and reserve the motion. THe new notice should say "Pease take notice that a hearing on Defendants motion for...., previously set for _____ has now been set for hearing on _____. If this is a motion to compel rogs, doc demand or RFAs, they may claim to didn't file in the time required by the Code (you will say that you did, and just renoticed it for a later hearing date). 1 Link to comment Share on other sites More sharing options...
Rivertime Posted March 9, 2013 Report Share Posted March 9, 2013 I'm not sure how to remedy this, but remember if you have to re-file, the time line 16 court days not calendar days. Link to comment Share on other sites More sharing options...
Learnin Posted March 9, 2013 Author Report Share Posted March 9, 2013 Should I set the hearing out another 16 days? Or bump it back enough to fulfill the original notice? I would overnight service instead of mailing it. 'court days not calendar days', thanks. Link to comment Share on other sites More sharing options...
Rivertime Posted March 9, 2013 Report Share Posted March 9, 2013 Should I set the hearing out another 16 days? Or bump it back enough to fulfill the original notice? I don't know, good question. I was typing my answer the same time Calawyer was typing his. Maybe he'll see the question, come back in and answer. Link to comment Share on other sites More sharing options...
calawyer Posted March 9, 2013 Report Share Posted March 9, 2013 Should I set the hearing out another 16 days? Or bump it back enough to fulfill the original notice? I would overnight service instead of mailing it. 'court days not calendar days', thanks. Give proper notice from whatever day you actually serve the amended notice. So if it is Monday, give 16 COURT days plus 5 regular days if served by mail (CCP 1005 : http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1003-1008 1 Link to comment Share on other sites More sharing options...
Learnin Posted March 10, 2013 Author Report Share Posted March 10, 2013 Many thanks! Link to comment Share on other sites More sharing options...
Learnin Posted March 10, 2013 Author Report Share Posted March 10, 2013 Oh also, should I say anything about it in my Response to the Objection to Motion? Since she already put in the Objection, pointing out the wrong hearing time/statutory noncompliance. Link to comment Share on other sites More sharing options...
Learnin Posted March 11, 2013 Author Report Share Posted March 11, 2013 When I reschedule the hearing: 1. Should I also put in the Response to the Objection to the Motion? Since the other side will have another 16-20ish days to respond, should I want to put in the Response to the Objection? Might they put in another/do another Response? 2. Do I need to get the other side's agreement for the change of date? I'm guessing not, since the hearing date set doesn't fulfill statutory requirement of time. (And because CALawyer didn't say to do so). Just want to make sure I understand the scenario. 3. Is there any downside I should be aware of, in the sense of, I filed a hearing date, the other side objected to the motion and one of their points what that the hearing was set before statute says it should be. What would the other sides' response be to setting the hearing date out farther? Link to comment Share on other sites More sharing options...
Learnin Posted March 11, 2013 Author Report Share Posted March 11, 2013 Just got off the phone with the court. As there is already a confirmed hearing date, I can't set a new date but can put in a motion to change the hearing date, which the judge will see today or tomorrow if I get it in today. So getting to work on that right now so can put that in today. Link to comment Share on other sites More sharing options...
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