Sample Ex-Parte Application For Extension of Time To Plead For California

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The document discusses an ex parte application for an extension of time to respond to a complaint in a California civil case. It provides a template notice of the application and memorandum of points and authorities in support.

An ex parte application is a request made to the court without notice to the other party, and is used here to request an extension of time to respond to a complaint.

An ex parte application must state the reason for requesting an extension of time, such as needing more time to obtain filing fees or for an attorney to review the case. It also relies on a supporting declaration and exhibits.

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR EXTENSION OF
13 vs. ) TIME TO PLEAD; MEMORANDUM OF POINTS
) AND AUTHORITIES, DECLARATION OF
14 Any Defendant, and DOES 1-5 ) ________________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )
)
19 )

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Be sure to remove these notices before using this document.
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1 TO PLAINTIFF:_________________________________ AND THEIR ATTORNEYS OF
2 RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
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the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
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Defendant _____________________, will and does move the Court by ex-parte application for an

7 Order granting an extension of time of ____ days to respond to the complaint pursuant to Code of

8 Civil Procedure 1054 on the grounds that STATE HERE THE REASON FOR REQUESTING
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AN EXTENSION OF TIME SUCH AS YOU NEED TIME TO OBTAIN THE FILING FEES
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FOR THE RESPONSE, OR YOU HAVE CONTACTED AN ATTORNEY BUT HE NEEDS
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MORE TIME TO REVIEW YOUR CASE, CLIENT IS OUT OF TOWN DUE TO FAMILY
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13 EMERGENCY, ETC. as more fully set forth in the Declaration of _______________ and Exhibits

14 attached thereto which is attached hereto and incorporated herein by reference.


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Be sure to modify these paragraphs to suit your individual
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17 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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20 This ex-parte application will be based upon this Notice, the Memorandum of Points and
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Authorities in support thereof, the files and records of this case, the declaration of _____________
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and Exhibits attached thereto, and such other and further oral and documentary evidence as may be
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presented at the hearing.
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Dated: ________________ __________________________________________
26 Any Attorney or Defendant
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