The motion for leave to amend x-complaint was under submission since Jan 30. It was granted on Feb 4 without notice.

Asked over 1 year ago - Van Nuys, CA

The court website is still not updated with its ruling as of now. Court clerk said he would send notice today. The amended x-complaint was deem filed on Feb 4, but not served. Trial is on Mar. 18. How many days do I have to serve x-complaint after is is filed. Is it too late to file and serve x-complaint to new cross-defendant. There Is no time to file motion to continue which may be denied and I need to spend time to prepare trial. Is there anything I can do?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    7

    Lawyers agree

    Answered . It often takes several days for the online civil case summary to be updated.

    If your motion for leave to amend included adding new cross-defendants, then presumably the court is going to allow you sufficient time (at least 60 days) to serve the new cross-defendants.

    It seems you will need to immediately make an ex parte application to continue the trial based upon your situation. You should take a look at California Rules of Court, Rules 3.1200 through 3.1207 regarding ex parte applications in general, and Rule 3.1332 specifically regarding trial continuances:

    http://www.courts.ca.gov/cms/rules/index.cfm?ti...

    http://www.courts.ca.gov/cms/rules/index.cfm?ti...

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . call the court clerk and ask for an update.

  3. Constantine D. Buzunis

    Contributor Level 17

    2

    Lawyers agree

    Answered . I would contact the other parties and see if everyone is in agreement to continue the trial? If so, someone should prepare a stipulation and proposed order for the judge continuing the case between 60-180 days to allow for the service of the cross-complaint and additional discovery and trial preparation. The request an ex parte hearing and prepare ex parte papers, including the stipulation and proposed order, asking for the continuance.
    If the other parties do not agree, then just get the ex parte hearing and prepare your own papers setting forth the reasons for the continuance.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  4. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . If bringing in a new party, you should serve them immediately, and serve them with notice of the trail date , place and time. They will probably want to get a continuance.

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