Dear Customer,Regarding your motion, I am unclear from the portion of the register of actions which motion you need to continue in order to meet your needs. While I understand that I cannot see all of the hearing dates and review all of the issues going on in your case, the only hearing date that I see is your upcoming CMC and OSC hearing on the 7th. There is generally no need to seek a continuance of either of these types of hearings, and courts are unlikely to grant one.
Please note, when I say this, I am trying to make a distinction between making a motion to continue the currently set hearing, and what courts say when they "continue the case management conference" to a date in the future. In most CMCs, the court will simply say that the parties are to return at some future date to see what the status of the case is at that time.The purpose of the CMC hearing is to see what the procedural status of the case is, what the parties need to do to get the case prepared for trial (if there are outstanding parties that need to answer a complaint, what discovery is outstanding, etc.). The Court will not rule on a substantive matter of law on a CMC calendar. With regard to your OSC on failure to serve, you need to be able to show the Court why you have not served the other party, how quickly you can get that party served, and will give you a return date to get service completed. While it is possible to have a case dismissed for failure to serve, this only happens when the plaintiff has delayed for an extended period of time and has shown no effort to move the case forward (appears to be wasting the court's time or is acting in an otherwise dilatory fashion).With regard to your specific issues you identified: (1) You cannot extend the time in which to file an appeal of a judgment by continuing the hearing date. (Cal. Rule of Court 8.104) - in almost every case 60 days from the day of the court's mailing of notice of entry.(2) In most situations, extending a hearing date in one trial will not make a difference in the ability to file a separate lawsuit. If your situation is different or special, you are working with some very technical aspects of civil procedure and should seek local legal counsel as this can be a difficult area to navigate without help (it is more complex than I can assist you with through this forum, as it would almost certainly involve the practice of law as opposed to providing legal principles and rules).(3) If you are planning on serving a second amended complaint, you should be prepared to tell the Court at the CMC. You should be able to give the Court a specific time frame (for example 1-2 weeks, if you can deliver in that time frame, otherwise tell the court what you expect). The Court has a duty to manage its case load and ensure all of its matters go to trial within a set period of time, and if you appear diligent in your amendment and service, you should not have any problems (I cannot promise this of course, I do not know your judge, and do not know your case's history, but most courts I have practiced in are generous in allowing pleadings by pro per plaintiffs so long as it does not appear they are delaying the proceedings.I hope this helps, please let me know if I can be of any further assistance. If I missed or misunderstood anything, please let me know so that I can properly answer your question (this sometimes happens in this type of forum and I do want to ensure that I address everything).Best regards,Bill
Thank you for the kind rating, it is greatly appreciated. I wish you the best of luck with this matter. If you have further questions regarding this type of issue, or any other legal matter, please do not hesitate to use our service in the future. You may post a question for any of our experts in general, or to me directly by titling your question “To CalAttorney 2…” or using the link: http://www.justanswer.com/law/expert-wdb-esq/
Best regards, and thank you,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).