Foothill Ranch, CA asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for California

Q: Can a motion for reconsideration be submitted as ex parte?

We are unrepresented plaintiffs who prevailed in our Phase I civil lawsuit for Fraud. Judge was willing to proceed with Phase II for punitive damages of the bifurcated trial, but only if we could do it within 15 minutes because it was the 6th day of trial, and the parties had jointly estimated 6 days to the jury at the start. We were ready to go, couldnt proceed because we needed to question defendant, but he did not show up even though he was under subpoena. The judge decided that he could not proceed with Phase II because he had to send the jury home.

We would like to file a motion for reconsideration, but the courts motion reservation system does not have anything for 9 months. We know that the LLC defendant has all its assets for sale, and are worried that we would not be able to collect then, even if we prevail (we have a high probability of prevailing based on the unanimous decisions on all counts). Would we be able to file the motion for reconsideration as ex parte?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, motions for reconsideration are typically not handled on an ex parte basis. Ex parte applications are generally reserved for emergency situations where immediate and irreparable harm may occur without swift court action.

However, given the urgency of your situation due to the defendant's actions, such as the potential sale of assets, you may file an ex parte application to accelerate the hearing of your motion for reconsideration. In this application, you'll need to convincingly demonstrate the urgency and irreparable harm you may face without prompt review. It's also important to provide notice to the other party as required by the rules governing ex parte proceedings.

Because the standards for granting ex parte relief are stringent, consider including detailed reasons for the urgency and the potential harm of waiting for a regular motion hearing. Remember to check the local court rules for any specific requirements or limitations on ex parte applications for reconsideration.

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