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Roger, Attorney
Category: Legal
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If plaintiff filed a ex-parte to change date of defendants

Customer Question

If plaintiff filed a ex-parte to change date of defendants demurrer and does not notify defendant of the hearing date and time @ 7/ 9/13 @ 1:30 Santa Monica Court , and at the hearing judge grants plaintiff change to present date/time 7/9/13. Since I was not notified of this change until I received ruling by mail 3 days later by plaintiff, in which judge rules I defendant have 5 days to respond to original summons, so when does the five days commence, the day I received ruling from plaintiff or the day of ex parte hearing that I knew nothing about ?
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry you're dealing with such confusion on this issue. I'll be glad to try and help.

If the order didn't have a specific date for the deadline to respond, it may say something like "5 days from the date of this order" or "5 days from the entry of this order". If there is language to that affect, you can calculate it based on that.

However, if the order simply says that there are 5 days to respond, then the 5 days would run from the date the order was filed with the court. For instance, if the order was filed on the 15th, you would have until the 20th to file your response.

If, after looking at the order, you are not clear on when the time runs, you can always call the judge's court administrator and ask him/her to provide you with a clarification.

I hope this answers your question, but if you need something further, pleas don't hesitate to ask. Thanks!
Customer: replied 4 years ago.

Still not clear the unlawful detainer demurrer was set for 7/29/13, plaintiff filed ex parte on 7/9/2013 to change date of that hearing it was granted and heard that day, yet I was never informed by plaintiff of this action. so if the judge only stated that defendant has five days to answer . Does the 5 days start upon receiving ruling by mail by plaintiff which was on 7/11/2013. If not the case and it's the day the ex parte hearing was heard 7/9/2013 that would not give me 5 days.

Expert:  Roger replied 4 years ago.
An "ex parte" motion is a unilateral motion - - meaning it is made without notifying the opposing party of the request - - Thus, that's why you didn't receive notice.

However, I can't find a specific rule that says when the clock runs on an ex parte order that you weren't made aware of until you received it in the mail.

I'm going to opt out and allow someone else to respond. You don't have to reply and you haven't been charged. I will continue to look and if I can find something, I will respond IF no one else picks it up.
Expert:  Roger replied 4 years ago.
I have placed the question back into the queue all experts can see, so hopefully someone will pick this up soon.