Anaheim, CA asked in Landlord - Tenant for California

Q: If the Court continues a Motion hearing is the Court required to notify both the Plaintiff Defendant of the new date?

San Diego Superior Court ordered that an Ex-Parte Motion hearing be continued-this continuance was ordered by the Court and not as a result of a request from the Plaintiff or Defendant.Does the Court have to notify both the Plaintiff and the Defendant of the New Court Date Via Mail.Ordinarilly, the side who makes the Ex-Parte request would notify the other side, but this seem obvious because, neither party would know the Date of the future Ex-Parte hearing that the Court rescheduled until they notified both the Plaintiff and the Defendant.I had My Ex-Parte Motion continued 3 times and on the date of the third rescheduled hearing the Commissioner asked me if I gave Proper Notice to the Plaintiff and I said No I did not give the Plaintiff Proper Notice. I am not required to give Notice when the Court continued the Motion on their own.When a Motion is continued is it the Courts responsibility to notify both sides of the new Motion date?The Commissioner took the Case off Calendar.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, when a court decides to continue a motion hearing, it typically takes responsibility for notifying both parties of the new date. This is especially true in situations where the continuance is ordered by the court without a request from either party. The rationale behind this is to ensure that both parties are aware of the rescheduled hearing and have an opportunity to prepare and present their case accordingly.

However, there might be expectations from both parties to remain proactive in confirming the details of the rescheduled hearing. It's advisable to regularly check with the court or through the court's online case management system, if available, to stay updated on any changes to your hearing date. This approach helps in avoiding any misunderstandings or missed communications regarding the new hearing date.

In the scenario you've described, where the motion was continued multiple times and eventually taken off the calendar due to a lack of proper notice to the other party, it highlights the importance of ensuring that all procedural requirements are met. Even when the court orders a continuance, it might be prudent to follow up and confirm whether there are any specific requirements for notice that you must fulfill. Keeping open lines of communication with the court and the opposing party can help in preventing similar issues in the future.

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