How to obtain an extension of time to plead in California is
the topic of this blog post. An extension of time to plead in California may be
granted to respond to a complaint, cross-complaint as well as certain other
pleadings. Code of Civil Procedure section 1054(a) authorizes a judge upon a
showing of good cause to grant an extension of tine not exceeding 30 days to
respond to a complaint, cross-complaint or other pleading.
The request for an extension of time may be made by ex-parte
application if necessary.
Code of Civil Procedure § 1054(a) states that, “When an act
to be done, as provided in this code, relates to the pleadings in the action,
or the preparation of bills of exceptions, or of amendments thereto, or to the
service of notices other than of appeal and of intention to move for a new
trial, the time allowed therefor, unless otherwise expressly provided, may be
extended, upon good cause shown, by the judge of the court in which the action
is pending, or by the judge who presided at the trial of the action; but the
extension so allowed shall not exceed 30 days, without the consent of the
adverse party.”
The decision as to whether or not an extension of time is
granted is left to the discretion of the
judge hearing the motion.
Good cause is generally shown by a sufficient showing that the extension
is needed to obtain the filing fees for the response or to obtain the funds to
retain an attorney, an attorney has been contacted but they need more time to
review the case or a family emergency requires the defendant to travel out of
town. Any declarations submitted in
support of the request should contain sufficient facts and evidence that
support a strong showing that circumstances beyond the control of the defendant
or requesting party have necessitated the request for an extension of time to
respond.
Any request for an extension of time to respond should
clearly state whether or not any previous extensions of time to respond by
court order or stipulation have been granted.
Attorneys or parties wishing to request an extension of time
to respond should first contact the plaintiff or opposing party or their
attorney and request that they stipulate to an extension of time to respond. If
the request is denied that fact should be mentioned in the supporting
declaration.
Attorneys or parties in California who would like to view a
portion of an 11 page sample ex-parte application for extension of time to
respond to a complaint including brief instructions, a memorandum of points and
authorities with citations to statutory authority, sample declaration and
declaration regarding ex-parte notice and proposed order sold by the author can
use the link shown below.
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DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
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