Can I file for motion to get a new court hearing date? 1 Answers as of August 02, 2011I filed a Demurrer to the Unlawful Detainer Complaint and received a hearing date from the clerk for the middle of August. (California) Now I found out that my Demurrer has been overruled because I was absent from the hearing. The Plaintiff failed to give me a notice about the new hearing date for the Demurrer which was requested in an Ex Parte hearing. I received neither the Ex Parte notice nor the notice for the Earlier Demurrer hearing, so I could not show up. I've just learned from the clerk about the situation by accident. A default has not been entered yet, I still have 4 days to answer. My goal is to get a new hearing date for my Demurrer so that I can present my case in court. Now I have two questions: 1. Can I file a Motion to Quash Service of Summons, because I have neither received the Ex Parte notice, nor the Notice for the earlier Demurrer hearing? Or is it possible to file any other Motion to let the court know that I have not received anything and want a new hearing date? I do not want to file an answer just yet, because I feel the way the Plaintiff is treating me is not right and he should have sent me those notices. 2. Is it possible to extend the 5 day answer for another 5 days or even 10 days, so that I can get proper legal help? Is the Plaintiff able to get a Default Judgement even though an extension was granted during my 5 day answer period? (Note: I have not requested any extensions yet, so this would be my first one)
Law Offices of Steven A. Fink | Steven Alan Fink
What you want to file is a Motion for Reconsideration of the Demurrer based on the failure to notify you of the ex part and the earlier hearing date. File it within the time your answer is due or they will take your default.
Answer Applies to: California