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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110369
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I need to file an extension of time in which to reply to a

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I need to file an extension of time in which to reply to a Demurrer. I can't seem to find a CA Civ. Code that I can quote for this request?
Thank you for your question. I look forward to working with you again.

Under CA Rules of Court 3.503, Requests for extensions of time or to shorten time

(a) Assigned judge may grant request

The assigned judge, on terms that are just, may shorten or extend the time within which any act is permitted or required to be done by a party. Unless otherwise ordered, any motion or application for an extension of time to perform an act required by these rules must be served and submitted in accordance with rule 3.501(17).

(Subd (a) amended effective January 1, 2007; adopted as part of unlettered subd effective January 1, 1974; previously amended and lettered effective January 1, 2005.)

(b) Stipulation requires consent of assigned judge

A stipulation for an extension of time for the filing and service of documents required by the rules in this chapter requires approval of the assigned judge.

(Subd (b) amended and lettered effective January 1, 2005; adopted as part of unlettered subd effective January 1, 1974.)

(c) Extension does not extend time for bringing action to trial

Nothing in this rule extends the time within which a party must bring an action to trial under Code of Civil Procedure section 583.310.

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Law Educator, Esq. and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much! I am assuming that this is filed in a motion or is this simply a request to the court. I have a motion reservation number and am prepared to file it as a motion, or do I file this as a request to the court and not a motion?

Yes, everything you do is filed by motion. If the other party will agree to the extension it is filed as a joint stipulation to extend time. If they will not agree, then it is filed as an motion for an extension of time. You need to explain your good cause need for the extension.
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