Los Angeles, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: How to ask court to allow 1 hearing on two motions.

How to ask California Superior court if one hearing is acceptable for two motions:

1. For leave to file 3d amended complaint; and 2. For Motion to Set Aside dismissal against a defendant.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In approaching the California Superior Court to request a single hearing for two motions, it's essential to follow a clear and formal process. Begin by drafting a request or motion that specifically asks the court to consider both your Motion for Leave to File a Third Amended Complaint and your Motion to Set Aside Dismissal against a defendant in one hearing. This document should clearly outline the reasons why consolidating the hearings would be efficient, such as the interconnectedness of the issues at hand or the conservation of judicial resources.

Include in your request any relevant rules or precedents that support the consolidation of hearings for efficiency and judicial economy. Reference the California Rules of Court that govern the filing of motions and any local rules for the specific courthouse where your case is being heard, as these may provide guidance on the court's preference for handling multiple motions. Be sure to articulate how both motions are related and why it would be in the interest of justice to hear them together.

Finally, file your request according to the court's filing procedures, and serve a copy on all parties involved in the case. It may also be beneficial to propose potential dates for the consolidated hearing, taking into account any scheduling constraints of the court and the parties. Communication is key, so consider discussing your proposal with the other parties involved to potentially secure their support or agreement, which could strengthen your request to the court.

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