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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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What will happen to my motion if it was personally served on the other party, but less tha

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What will happen to my motion if it was personally served on the other party, but less than 16 court days and he doesn't show up? The process server has wrote out a statement of "due diligence"?
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How much notice was required? What type of motion was it?

Also, why wasn't it served earlier?
Customer: replied 3 years ago.

Request for Order


Per CCP 1005, it should have been served 16 court days before the hearing.


Hearing is set tomorrow, June 21st.


It was served on June 3.


Ex-husband has been avoiding service. He has done this before.


The process server attempted service at his home address, 5/10, 5/12, 5/16, 5/22, 5/25, before contact was made on June 3.


by 5/25 ex-husband had dogs running around the front yard.


What will happen if he doesn't show up?

If it is a standard 16 day required notice then the court shouldn't proceed with the hearing if it is less than 16 days notice. Since he is dodging service what you can do is ask the court to allow you to serve him by regular and certified mail with a new setting.
Customer: replied 3 years ago.

CCP 1005(b) also says " The court, or a judge thereof, may prescribe a shorter time." Does this have to be prescribed when motion is filed or can it be done at the time of hearing?

It has to be done at the time the motion is set for hearing. The judge can, and may in this case under your facts, set a new hearing with a much shorter timeline if you ask. I think your facts certainly justify it.
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