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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.


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12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR ORDER
13 vs. ) SHORTENING TIME; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) __________;
) EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
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)
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To subscribe to my FREE weekly legal newsletter visit
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21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


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address. Be sure to remove this notice before using this document.
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TO PLAINTIFF:_________________________________AND THEIR ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
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1 the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
2 Defendant _____________________, will and does move the Court by ex-parte application for an
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Order shortening time for hearing on Defendants Motion to Compel.
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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 __________ and

7 Exhibits attached thereto, and such other and further oral and documentary evidence as may be

8 presented at the hearing.


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10 Dated: ________________ __________________________________________


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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case involves __________________________________________.
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Defendant is requesting ex-parte relief as they will suffer great and irreparable injury if the

7 Court does not act immediately in that __________________________________________.

8 As the trial date is only ___________ days away Defendant has no choice but to seek an order
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shortening time for hearing on their Motion to Compel.
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II.
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LEGAL ARGUMENT
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13 A. THIS COURT HAS THE POWER TO ISSUE AN ORDER SHORTENING

14 TIME FOR A HEARING ON DEFENDANTS MOTION TO COMPEL


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Code of Civil Procedure 1005(b) and California Rule of Court 3.1300(b) state in pertinent
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part that a Court may prescribe a shorter time for filing and service of papers for a Motion than the
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times specified in Code of Civil Procedure 1005.
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19 Be sure to modify this to suit your individual situation. Do NOT


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just use the wording here unless it definitely applies to your particular
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situation.
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B. AN ORDER SHORTENING TIME FOR A HEARING ON PLAINTIFFS
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25 MOTION TO COMPEL IS APPROPRIATE DUE TO THE FACT THAT THE TRIAL

26 DATE IS SET FOR ________________________


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As the Trial Date in this matter is _______________, the Motion to Compel must be heard
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1 no later than _______________, which is fifteen (15) days before the Trial Date. Code of Civil
2 Procedure 2024.020(a) states that all discovery motions must be heard at least fifteen (15) days
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before the Trial Date.
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Be sure to modify this to suit your individual situation. Do NOT
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just use the wording here unless it definitely applies to your particular
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8 situation.
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To purchase the entire document visit:
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11 https://legaldocspro.myshopify.com/products/sample-ex-parte-
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application-to-shorten-time-for-hearing-in-california
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