Q: Is 5 court days before hearing is a due date to file response to order to show cause re failure to serve civ - 120 form?
Is 5 court days before hearing is a due date to file response to order to show cause re failure to serve civ - 120 form?
A: A response to an Order to Show Cause hearing in California should generally be filed at least five calendar days before the hearing. See Finney v. Ralphs Grocery Co., 2021 Cal. Super. LEXIS 90665, Lourdes Pan v. Yu, 2021 Cal. Super. LEXIS 79047. However, the specific requirements may vary depending on the nature of the case and the specific orders of the court. For instance, in some cases, a declaration explaining the failure to comply with certain requirements may be required to be filed no later than five days before the hearing. See Lewis v. L.A. Metro. Transit Auth., 2022 Cal. Super. LEXIS 2100, H&J Holding Corp. v. Hpsy, 2022 Cal. Super. LEXIS 32737, M.S.S.C., LLC v. Torres, 2023 Cal. Super. LEXIS 96183. Therefore, it is advisable to refer to the specific instructions provided by the court in the Order to Show Cause.
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