If ex parte for OST can not be applied for OC’s motion with a post-trial hearing date, can I request it in my?

Asked 12 months ago - Van Nuys, CA

OC filed a motion to quash with a post-trial hearing date and have no intention to file OST or continuance to accommodate his motion and I can not file OST for his motion. I need to file motion to compel production and ex parte OST for this motion to compel. In my an ex parte OST for my motion to compel, can I request that OC's motion to quash be heard at the same time should the court grant my OST and a pre-trial heariing date? This is a civil case.

Attorney answers (1)

  1. Charles Richard Perry


    Contributor Level 16

    Answered . If you file your motion to compel and it is heard on shortened time, one of the responding party's defenses will be that service was improper, as argued in his motion to quash. The court will have to decide that issue in deciding your motion to compel. Essentially, then, your motion to compel will force the issue of service that is raised in the other side's motion, which will make that latter motion moot.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now