Q: Motions and hearing(s) - third amended complaint, and setting aside dismissal
Motion to set Aside dismissal, and Motion for leave to file Third Amended Complaint can be filed concurrently, with decision made at the same hearing? Unless two hearings should be scheduled: 1. For leave to file third amended complaint, and 2. For motion to set Aside
A:
Under California law, it is indeed possible for a motion to set aside a dismissal and a motion for leave to file a third amended complaint to be filed concurrently and considered by the court at the same hearing. This approach allows for efficient use of court time and resources, enabling the court to address related issues in a consolidated manner. The decision to combine these matters into a single hearing often depends on the complexity of the issues involved and the judge's discretion.
However, there might be situations where it is more appropriate to schedule separate hearings for each motion. For instance, if the matters are particularly complex or if additional time is needed to allow for adequate preparation and response by the parties involved, the court may decide to handle them independently. This separation ensures that each motion receives the necessary attention and consideration.
Ultimately, the decision on whether to combine these motions into a single hearing or to schedule separate hearings rests with the court. It's important for parties to be prepared for either scenario and to follow the court's guidance and scheduling orders closely. Keeping open lines of communication with the court and opposing counsel can also help in navigating these procedural aspects efficiently.
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