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Can a hearing on a motion be rescheduled? Does it require consent of both plaintiff and defendant?

Los Angeles, CA |

It's a hearing on a motion in a civil lawsuit. It's been scheduled for a week before another hearing on a demurrer to the complaint. Would make more sense if the court is okay with it.

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Attorney answers 4

Best Answer
Posted

Yes, motions can and often are rescheduled, especially when there is another hearing in the same case set to be heard around the same time.

In many instances, if you are in the Los Angeles Superior Court, the moving party of the motion/demurrer can simply call the courtroom clerk to advise of the situation, and the clerk can change the hearing date and ask that the moving party give notice of the continuance to all parties.

Otherwise, the parties can always submit a written stipulation to the court to change the motion hearing date.

Or, the moving party can unilaterally call the clerk to change the hearing date and then serve an amended notice of motion.

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

Asker

Posted

Okay, that's good news. So I don't have to ask the defendant first, even if he's filed an opposition to the motion?

Asker

Posted

If I serve an amended notice of motion, do I have to include the entire motion or just the notice?

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

Just the notice. Or it can be called a "Notice of Continuance of Hearing on Motion for xxxx".

Asker

Posted

Great. Thanks so much.

Hillary Johns

Hillary Johns

Posted

That's good advice by Mr. Chen. I wasn't clear on what the other motion was for?

Posted

Attorney Chen has provided an excellent response. If you are the moving party, you can unilaterally take the motion off calendar and refile and notice the hearing for a different date. As noted, if both parties agree you can call up the clerk and ask to move the hearing to a different date. Usually the clerk will reschedule if there is another motion or related event occuring on another date and it makes sense to have everything heard at the same time. The clerk may also agree to move the date if both parties agree and there is no compelling reason not to move the date.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

Posted

the parties can agree to change the hearing by stipulation.

Posted

It does not require the consent of both plaintiff and defendant if one party files a motion or application with the court asking the judge to order that it be continued. Nonetheless, you should first try to obtain the other party's consent and have your attorney prepare a stipulation to continue the date, file it with the court and the judge will most likely reschedule the hearing.

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