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Attorney2020
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Category: Business Law
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Experience:  I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
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I need to file a Request to Continue a Hearing in order to

Customer Question

I need to file a Request to Continue a Hearing in order to do the following: (1) an appeal on a Judgement on the Pleadings of the party JE***, (2) file a lawsuit on another party GK*** previously served and (3) serve a Second Amended Complaint (not quite ready, but close to ready). How do I do this so the Court will actually grant my request? Is a Request to Continue enough? What else do I need to file? The new hearing is in the morning of the 7th of Feb.: OSC HEARING RE: DISMISSAL FOR FAILURE TO SERVE PURSUANT TO CCP 5583.210 and they want to do a Case Management Conference and OSC HEARING RE: DISMISSAL.
***************************************************

02/07/2013 8:30 AM DEPT. 01 OSC HEARING RE: DISMISSAL FOR FAILURE TO SERVE PURSUANT TO CCP 5583.210 AS TO PR**** LLC (STATE OF **). Hearing Held ???????

02/07/2013 8:30 AM DEPT. 01 CASE MANAGEMENT CONFERENCE HEARING

01/31/2013 8:30 AM DEPT. 12 HEARING RESERVED FOR: MOTION FOR SECOND AMENDED COMPLAINT Vacated

N 01/28/2013 SYSTEM GENERATED NOTICE RE: CLERKS CERTIFICATE OF MAILING. Not Applicable

01/28/2013 MOTION HEARING RESERVATION MOTION FOR SECOND AMENDED COMPLAINT SET FOR 01/31/13 AT 08:30 IS VACATED (MOVING PAPERS NOT FILED). Not Applicable

01/28/2013 8:00 AM DEPT. 01 COURT ON ITS OWN MOTION: SET CASE MANAGEMENT CONFERENCE.

N 01/22/2013 PROOF OF SERVICE OF EX PARTE APPLICATION FOR EXTENTION OF TIME SERVED ON JE*** SERVED 01/14/13 FILED (NON-COMPLAINT) NotApplicable

N 01/18/2013 SYSTEM GENERATED NOTICE RE: ORDER TO SHOW CAUSE HEARING SET FOR 2/7/13. Not Applicable

N 01/18/2013 EX PARTE APPLICATION AND ORDER RE EXTENSION OF TIME TO SERVE FILED BY DA**** DENIED; HONORABLE JUDGE S***. Not Applicable

Minutes

COURT SETS THE FOLLOWING ORDER TO SHOW CAUSE:
ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO SERVE PR*** LLC (STATE OF **)

PURSUANT TO CCP 583.210 SET FOR 2/7/13 AT 8:30 IN DEPARTMENT 01.
ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO SERVE PURSUANT TO CCP 5583.210 AS TO PR** LLC (STATE OF **)

SET 02/07/13 AT 08:30 IN DEPT. 01.
ORDER TO SHOW CAUSE ISSUED
Submitted: 1 year ago.
Category: Business Law
Expert:  Attorney2020 replied 1 year ago.

Attorney2020 :

You need to file a request for a continuance. Explain in your pleading that you are compiling evidence and would like more time to complete you pleading. Typcically the court is forgiving and allows continuances on the firts request. However, it depends on your judge. . My suggestion is file the continuance pleading as soon as possible and still show up to the hearing and request for the continuance in person.

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