Sample ex parte application for continuance of trial date for California eviction

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This sample ex-parte application for a continuance of trial date in an unlawful detainer (eviction) in California is filed under the provisions of California Rule of Court 3.1332 and Code of Civil Procedure section 1170.5 and contends that a continuance is necessary due to illness of a party or witness or other grounds specified in California Rule of Court 3.1332. The sample on which this preview is based is 15 pages and include brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and sample declaration regarding notice of ex-parte hearing and proposed order.

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Sample ex parte application for continuance of trial date for California eviction

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF EX-PARTE APPLICATION AND EX- PARTE APPLICATION FOR CONTINUANCE OF TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF ________________; EXHIBITS DATE: TIME: DEPT: ) ) To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. TO ________________:_________________________________ AND THEIR ATTORNEYS OF RECORD: - 1 -
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________, Defendant _____________________, will and does move the Court by ex-parte application for an Order granting a continuance of the trial date for a period of ___ days pursuant to California Rule of Court 3.1332 and Code of Civil Procedure § 1170.5 on the grounds that STATE HERE THE REASON FOR REQUESTING A CONTINUANCE OF THE TRIAL DATE SUCH AS YOU ARE SERIOUSLY ILL, ETC, ESSENTIAL WITNESSES ARE NOT AVAILABLE ON THE CURRENT DATE OF THE TRIAL, YOU HAVE BEEN UNABLE TO OBTAIN ESSENTIAL TESTIMONY, DOCUMENTS OR OTHER MATERIAL EVIDENCE OR ANY SIGNIFICANT UNANTICIPATED CHANGE IN THE STATUS OF THE CASE WHICH HAS RESULTED IN THE CASE NOT BEING READY FOR TRIAL as more fully set forth in the Declaration of _______________ and Exhibits attached thereto which is attached hereto and incorporated herein by reference. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. This ex-parte application will be based upon this Notice, the Memorandum of Points and Authorities in support thereof, the files and records of this case, the declaration of _____________ and Exhibits attached thereto, and such other and further oral and documentary evidence as may be presented at the hearing. Dated: ________________ __________________________________________ Any Attorney or Party - 2 -
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case involves the real property located at _____________________ (“Property”). Defendant requests a continuance of the trial for a period of ___ days on the grounds that STATE HERE THE REASON FOR REQUESTING A CONTINUANCE OF THE TRIAL DATE SUCH AS YOU ARE SERIOUSLY ILL, ETC, ESSENTIAL WITNESSES ARE NOT AVAILABLE ON THE CURRENT DATE OF THE TRIAL, YOU HAVE BEEN UNABLE TO OBTAIN ESSENTIAL TESTIMONY, DOCUMENTS OR OTHER MATERIAL EVIDENCE OR ANY SIGNIFICANT UNANTICIPATED CHANGE IN THE STATUS OF THE CASE WHICH HAS RESULTED IN THE CASE NOT BEING READY FOR TRIAL. Defendant has complied with the requirement of California Rule of Court 3.1332(b) that this request is made “as soon as reasonably practical once the necessity for the continuance is discovered” in that Defendant first became aware of the circumstances that have necessitated this request for a continuance on LIST DATE when STATE IN DETAIL THE CIRCUMSTANCES SUCH AS AN ESSENTIAL WITNESS BECAME ILL OR INFORMED ME THAT THEY COULD NOT APPEAR AND TESTIFY ON THE CURRENT TRIAL DATE, ETC. On _____________ at ____.M. Defendant telephoned LIST NAME OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF and requested that they stipulate to a continuance of the trial date. Defendant explained their circumstances in detail. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/231807581/Sample-Ex-Parte-Application- for-Continuance-of-Trial-Date-for-California-Eviction - 3 -

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