Q: Sequence of events: leave to file third amended complaint, and motion to set aside.
1. Should hearing on third amended complaint be scheduled before hearing on motion to set aside dismissal?
2. In this sequence: can motion to set aside be filed with required amended complaint (third), after hearing on leave to file third amended complaint is scheduled, but before actual hearing on leave to file third amended complaint?
2. Scheduling of court hearing is a factor, versus time limit to file motion to set aside.
Can hearing on Leave to file amended complaint done ex-parte?
A:
Under California law, the scheduling of hearings on motions and complaints involves a nuanced understanding of court procedures. Generally, a hearing on a motion to set aside a dismissal would not necessarily have to be scheduled before a hearing on a third amended complaint. It largely depends on the specifics of the case and the court's discretion. However, the motion to set aside is critical as it challenges the dismissal of the case, potentially reopening it for further proceedings, including the consideration of an amended complaint.
Regarding the filing of a motion to set aside with the required amended complaint (third), it is possible to file this motion after a hearing on leave to file the third amended complaint has been scheduled but before the actual hearing. This approach allows the court to consider both the motion to set aside the dismissal and the request to file an amended complaint in a coordinated manner. The timing and sequence of these filings can be strategic, based on the desired outcomes and the court's scheduling flexibility.
In terms of ex parte proceedings, yes, a hearing on leave to file an amended complaint can be done ex parte in certain circumstances. Ex parte proceedings are typically quicker and involve only one party making a request to the court without the presence of the opposing party. However, the suitability of an ex parte hearing for filing an amended complaint depends on the urgency and the specific rules of the court handling the case. It's essential to consult the local rules of court and possibly seek guidance to ensure that the approach aligns with procedural requirements and strategic considerations.
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