ExParte Application for Order Shortening Time

8/2/2019 ExParte Application for Order Shortening Time

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Ex Parte Notice and Application for Order Shortening Time - 1

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Ken DOE1 XXX XXXSXXX & XXX LLPXYZXYZXYZXYZ

[email protected]

Attorney for Respondent JOHN DOE

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN ANDFOR THE COUNTY OF XYZ

JANE DOE, an individual,

Petitioner,

vs.

JOHN DOE, an individual,

Respondent

))))))))))))))))))))))

Case No.: X999999

NOTICE FOR EX PARTE APPLICATIONFOR ORDER SHORTENING TIMEAND SUPPORTING DECLARATIONS OFJOHN DOE; [PROPOSED] ORDERMEMORANDUM OF POINTS ANDAUTHORITIES;DECLARATION RE: ADVANCEDNOTICE;ANDORDER TO SHOW CAUSE,SUPPORTING DECLARATION OF JOHNDOE

Date : March 5, 2010 Time : 8:30 amDept : 33Judge :

TO PETITIONER AND HER ATTORNEY OF RECORD

NOTICE IS HEREBY GIVEN THAT on March 5, 2010 at 8:30am , in

Department 33 in the Hall of Justice Courthouse, Ventura Courthouse,

located at 800 South Victoria Blvd, Ventura, California, Attorney for


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Respondent, JOHN DOE, will be applying for an Order to shorten Time to hear

ORDER TO SHOW CAUSE FOR CHILD CUSTODY, CHILD VISITATION,

ATTORNEY FEES, SPOUSAL SUPPORT AND INJUNCTIVE ORDERS. In support of

this application, I can state the following based upon personal knowledge

and through the attached declarations of John Doe.

Attached to this application is a copy the Order to Show Cause which

can be filed and served upon Petitioner immediately upon the granting of

this Order.

The delay in hearing this matter after the normal time for service of

the above-described papers would cause a substantial hardship to

Respondent because Petitioner has obtained Ex-Parte Temporary Orders on

February 22, 2010, in which Petitioner has been stripped of his ability to

access his business and money, along with Petitioner obtaining Orders which

have frozen Bank Accounts that are critical to the functioning of the

community business, including paying payroll, vendors and building lease.

Defendant is unable to obtain an earlier date from the Court, other than the

middle of June 2010, in which to hear this Motion as Mediation is required

for this Motion to be heard. This application is further based on the Courts

inherent equitable powers.

This application is made on the grounds that Petitioner has made

statements to the Court in support of her obtaining the Temporary Order that

do not comport to any reasonable expectation of the truth.

This motion will be based on this Application, the declarations of John

Doe and Ken DOE1 attached hereto, Memorandum of points and authorities

served and filed herewith, [Proposed] Order and the Order to Show Cause,


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supporting declaration of JOHN DOE and on such oral and documentary

evidence as may be presented at the hearing on this Motion.

Counsel for Respondent has notified Petitioners Counsel, Ms. ABC, by

telephone at the phone number listed on the State Bar of California Bar,

Attorney Listing Website ((999) 999-0999), and spoke to her assistant Mr.

DCD at 8:55am on March 2, 2010. I informed him of this Ex Parte Hearing

for an Order Shortening Time to be held in Department 33 at 8:30am on

March 5, 2010. I further transmitted via facsimile a copy of this notice along

with moving papers to Counsel at (866) 9999-5999, the fax number State

Bar of California Bar, Attorney Listing Website.

Dated this 2nd day of March, 2010 atSimi Valley California

By:Ken DOE1Attorney for Respondent


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Ken DOE1 XXXXXXSXXX & XXX LLPXYZXYZXYZFAX 999-999-9999

[email protected]




Petitioner,

vs.


Respondent

)))))))))))))))))))

Case No.: X999999

APPLICATION FOR ORDERSHORTENING TIME

Date : March 5, 2010 Time : 8:30 amDept : 33Judge :

I, Ken DOE1, declare as follows;

1) I am the attorney retained for Respondent John Doe in this action, who

has been substituted in from previous counsel on March 1, 2010. I am

an attorney registered to practice in the State of California.

2) I am the new counsel for the Respondent, and previous counsel has

not submitted any responses to Petitioners Order to Show Cause and

had not prepared any Orders to Show Cause to protect Respondents


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access to his children and his business. I am requesting an Order

shortening time in order to promote judicial economy and to protect

Respondents rights and to raise issues that should have been

presented to the Court during the Ex Parte Hearing held on February

22, 2010.

3) I have prepared an Order to Show Cause for child custody, visitation,

support and injunctive orders and have attached it herewith, and I am

seeking the Courts permission to reduce the time for service of this

Order.

4) It is necessary that time for service of the Order to Show Cause for

child custody, child visitation, attorney fees, spousal support and

injunctive orders, (said Order to Show Cause filed herewith), be

shortened so that this matter may be heard on March 21, 2010, which

is the date that the Court is set to hear oral arguments on the

remaining issues on Petitioners Order to Show Cause.

5) It is in the interest of judicial economy to hear these related actions

together and to set custody, visitation and support orders in a single

hearing.

6) It is also in the best interests of this Court to be able to have properly

prepared arguments on issues raised Petitioner in their Order to Show

Cause, said arguments not being presented in the Ex Parte Hearing of

February 22, 2010.


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7) Respondent, due to Court Rules, is unable to file an Order to Show

Cause regarding custody or visitation of his children for at least 3

months according to the filing clerk for family law, as mediation is

required and the first available mediation appointment is in the

middle of June. This Court has already made Temporary Orders

regarding custody and visitation solely based upon the Declaration of

Petitioner, said Declaration wrought with errors and misstatements of

facts.

8) There are also economic consequences of not hearing Respondents

Order to Show Cause to the family business within this time frame.

Currently, Respondent has been barred from the business, which is his

only source of income, and Petitioner has demonstrated that her

inability to conduct the family business in a profitable manner is

lacking.

9) I have given proper notice to Petitioners attorney as stated in my

declaration.

Dated : _______________

Law Offices of Ken DOE1

_________________________Attorney for Respondent


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Ken DOE1 XXXXXXSXXX & XXX LLPXYZXYZXYZFAX 999-999-9999

[email protected]




Petitioner,

vs.


Respondent

)))))))))))))))))))

Case No.: X999999

[PROPOSED] ORDER,

Date : March 5, 2010 Time : 8:30 amDept : 33 Judge : 0

Having read and considered the application requesting an order

shortening time for a hearing on Respondents Order to Show Cause and

good cause appearing therefore,

IT IS SO ORDERED THAT

1. The application is granted.

2. The hearing on Respondents Order to Show Cause shall take

place in Department 33 on March 21, 2010 at 8:30 am.


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3. The time for service of the Respondents Order to Show

Cause is shortened. Service of this order and the motion,

including the supporting documents shall be accomplished by

personal service or facsimile transmission no later than

____________ at __________.

4. All papers opposing the motion must be filed and served by

facsimile transmission no later than _______________ at

__________. Immediately below the date time and place of the

hearing, the opposition papers must include the following

notation:

OPPOSITION FILED ON ______________

PURSUANT TO EX PARTE O.S.T

ISSUED ON ___________ (date of order shortening

time)

5. Any reply papers must be filed and served by facsimile

transmission no later than _______________ at _____________.6. Proof of service of the motion and this order must be filed no

later than _______________ at _________.

Dated : ____________________ ________________________ 0Judge Superior Court


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MEMORANDUM OF POINTS AND AUTHORITIES

STATEMENT OF FACTS

The Respondent has a meritorious defense to the actions taken on

February 22, 2010, in that he did not get notice due to the circumstances of

service. Respondent was not informed of the Ex Parte Action of February 22,

2010, whereby he lost access to his business, which is only means of income,

and has lost access to see his Children, very drastic consequences when

Respondent did not have the opportunity to defend himself or to counter the

arguments made by the Petitioner.

Respondent is attempting to be heard on issues that are necessary to

be before this Court but his only avenue is to file his own Order to Show

Cause, which would not be heard until the middle of June, due to Court Rules

regarding mediation.

I.

COURT HAS JURISDICTION

This Court has the jurisdiction to rule on this Ex Parte Application along

with the accompanying Order to Show Cause.

Ventura County Rules of Court 15.01 states that an application for anex parte order shall be presented to the judge to whom the matter isassigned.

Venue is not being objected to by the Respondent and Respondent

is not challenging the jurisdiction of this court

II.


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COURT HAS POWER TO ALLOW FOR A SHORTERAMOUNT OF TIME TO REPLY TO A MOTION

A hearing date on an OSC "must be selected to comply with the

CCP 1005(b) minimum notice period . . ., absent an order shortening

time." (Hogoboom & King, Cal. Practice Guide: Family Law, supra, 17:367,

p. 17-90 (rev. #1, 2005).) An order shortening time may be requested

when filing the OSC. "The request should be made on the appropriate

application form . . ., setting forth evidentiary facts why a shorter notice

period is necessary." (Id., 5:349, p. 5-133 (rev. # 1, 2005), as cited in In

re Marriage of Seagondollar, 139 Cal. App. 4th 1116, 43 Cal.Rptr.3d 575

(Cal. App., 2006) .

Rule 3.1300 of the California Rules of Court, states the time filing

and service of motion papers shall be in accordance with the California

Code of Civil Procedure section 1005. The Court does, under subsection (b)

of the same Rule, have power on its own motion or on application for an

order shortening time supported by a declaration showing good cause, to

prescribe shorter times for the filing and service of papers than the times

specified in Code of Civil Procedure section 1005. Respondent seeks for

the Court to exercise its powers and reduce the amount of time for service

of Respondents Order to Show Cause, so that Respondents Order can be

heard at the same time of Petitioners Order to Show Cause on March 21,

2010.

It is in the best interest of justice to have both Orders heard at the


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same time. The matters are closely intertwined and the Respondent would

have to wait until the middle of June to be heard elsewise. It is also shown

in the attached declarations that Respondents business has been taken

from him based on improper grounds and without any opportunity to be

heard on the issues. Immediacy of hearing this issue of his removal his

family and from his only source of income must be heard sooner rather

than later. As previously stated, Petitioners OSC, which caused

Respondents loss of business access, is scheduled to be heard on March

21, 2010, and Respondent is asking for the same date so that his OSC can

be heard.

III.

PETITIONER WILL NOT BE PREJUDICED BY THEGRANTING OF THE ORDER SHORTENING TIME

Though the Courts not do have a definitive listing of criterion on which

to base whether a Motion for an Order Shortening Time should be granted, at

least one case parallels issues in this current matter. In the Farrar, the

Plaintiff already had papers for a Motion already pending before the court

and when the Defendant wanted to shorten the time for response to a 583(a)

Motion, the Court did not find that the trial court abused their discretion in

granting the Motion for Shortening Time based upon the previously filed

Motion. Here, plaintiff already had such a motion on file, so that he was

unaffected by the shortened notice of defendant's motion; he suffered no


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prejudice thereby." (Farrar v. McCormick, 102 Cal.Rptr. 190, 25 Cal.App.3d

701, 705 (Cal. App. 2 Dist., 1972).

To use the same precepts, Petitioner already has their Motion

scheduled for March 21, 2010, and by granting this Motion, Petitioner will

have more than 15 days to prepare any opposition to Respondents Motion,

which is primarily based upon refuting Petitioners claims introduced in

Petitioners Motion. Respondent demonstrates that Petitioner will not be

prejudiced by the granting of this Motion to shorten time.

IV.CONCLUSION

Based upon the foregoing analysis of the current law and updated

Rules of Court, Respondent respectfully requests that the Court grant this

Order to Shorten Time and hear Respondents Order to Show Cause at the

same time of Petitioners Order to Show Cause, March 21, 2010.

Dated : _______________

Law Offices of Ken DOE1

_________________________Attorney for Respondent


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ExParte Application for Order Shortening Time

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Transcript of ExParte Application for Order Shortening Time