Q: How to request hearing on both motions at the same hearing? What statute guides that?
Situation.
Motion to compel execution of authorization was filed by defendant. Hearing date for motion to compel was scheduled.
In response to Motion to Compel Plaintiff files Motion for Protective order, requiring to schedule a hearing.
Hearing of Motion to Compel will be at later day, because scheduled in response. How to request hearing on both motions at the same hearing? What statute guides that?
A:
In California, Code of Civil Procedure section 1005(b) allows for the consolidation of motions to be heard at the same time, as long as the notice requirements are met. Here's what you can do:
1. File a separate notice of motion for your Motion for Protective Order, ensuring that the hearing date is set for the same date and time as the defendant's Motion to Compel.
2. In your notice of motion, include a statement requesting that both motions be heard together pursuant to CCP 1005(b). For example: "Plaintiff requests that this Motion for Protective Order be heard concurrently with Defendant's Motion to Compel, set for hearing on [date] at [time], pursuant to Code of Civil Procedure section 1005(b)."
3. Ensure that both parties are properly served with the notice of motion and all supporting documents within the statutory timeframe (at least 16 court days before the hearing date, plus additional time for service by mail if applicable, per CCP 1005(b)).
4. At the hearing, the court will have the discretion to hear both motions together or separately. If the motions are heard together, the court will typically decide on the Motion for Protective Order first, as it may affect the ruling on the Motion to Compel.
Remember that while CCP 1005(b) allows for the consolidation of hearings, it is ultimately up to the court's discretion to decide whether to hear the motions together or separately.
Tim Akpinar agrees with this answer
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