Yorba Linda, CA asked in Legal Malpractice for California

Q: Filed a motion to disqualify opposing counsel for Ethical misconduct. The state bar also has opened up a case against

This attorney. How do I know if the court reviewed my motion and declaration? How do I know if he’s going to grant or deny my motion and how long does opposing counsel have to respond.

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1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
  • Legal Malpractice Lawyer
  • La Jolla, CA
  • Licensed in California

A: You can never know how much attention the Court gave to your papers. If they were properly filed ad formatted, then the odds are quite high that they were fully considered. The opposition is generally due 9 court days before the hearing (start at the hearing date, don't count the hearing date, and if the last date ends on a holiday or weekend, keep sliding backwards until you find an open Court day). Most courts have a tentative ruling system, where the Court will post its tentative (not final) ruling the day before the hearing, usually around 2:00 p.m. This gives you an idea of where the Court is headed so you can decide whether to contest the tentative, and if so, what to show up and argue.

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