1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR CONTINUANCE OF
13 vs. ) TRIAL DATE; MEMORANDUM OF POINTS AND
) AUTHORITIES, DECLARATION OF
14 Any Defendant, and DOES 1-5 ) ________________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )
)
19 )

20 To subscribe to my FREE weekly legal newsletter visit
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22 http://legaldocspro.net/newsletter.htm and enter your e-mail
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address. Be sure to remove this notice and all other notices before
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25 using this document.
26

27 TO ________________:_________________________________ AND THEIR

28 ATTORNEYS OF RECORD:

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1 PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
2 the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
3
Defendant _____________________, will and does move the Court by ex-parte application for an
4
Order granting a continuance of the trial date for a period of ___ days pursuant to California Rule of
5

6
Court 3.1332 and Code of Civil Procedure § 1170.5 on the grounds that STATE HERE THE

7 REASON FOR REQUESTING A CONTINUANCE OF THE TRIAL DATE SUCH AS YOU

8 ARE SERIOUSLY ILL, ETC, ESSENTIAL WITNESSES ARE NOT AVAILABLE ON THE
9
CURRENT DATE OF THE TRIAL, YOU HAVE BEEN UNABLE TO OBTAIN ESSENTIAL
10
TESTIMONY, DOCUMENTS OR OTHER MATERIAL EVIDENCE OR ANY SIGNIFICANT
11
UNANTICIPATED CHANGE IN THE STATUS OF THE CASE WHICH HAS RESULTED IN
12

13 THE CASE NOT BEING READY FOR TRIAL as more fully set forth in the Declaration of

14 _______________ and Exhibits attached thereto which is attached hereto and incorporated herein by
15
reference.
16

17
Be sure to modify these paragraphs to suit your individual
18
situation. Do NOT just use the wording here unless it definitely applies
19

20 to your particular situation.
21
This ex-parte application will be based upon this Notice, the Memorandum of Points and
22
Authorities in support thereof, the files and records of this case, the declaration of _____________
23
and Exhibits attached thereto, and such other and further oral and documentary evidence as may be
24

25 presented at the hearing.

26
Dated: ________________ __________________________________________
27
Any Attorney or Party
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case involves the real property located at _____________________ (“Property”).
5

6
Defendant requests a continuance of the trial for a period of ___ days on the grounds that

7 STATE HERE THE REASON FOR REQUESTING A CONTINUANCE OF THE TRIAL

8 DATE SUCH AS YOU ARE SERIOUSLY ILL, ETC, ESSENTIAL WITNESSES ARE NOT
9
AVAILABLE ON THE CURRENT DATE OF THE TRIAL, YOU HAVE BEEN UNABLE TO
10
OBTAIN ESSENTIAL TESTIMONY, DOCUMENTS OR OTHER MATERIAL EVIDENCE
11
OR ANY SIGNIFICANT UNANTICIPATED CHANGE IN THE STATUS OF THE CASE
12

13 WHICH HAS RESULTED IN THE CASE NOT BEING READY FOR TRIAL.

14 Defendant has complied with the requirement of California Rule of Court 3.1332(b) that this
15
request is made “as soon as reasonably practical once the necessity for the continuance is discovered”
16
in that Defendant first became aware of the circumstances that have necessitated this request for a
17
continuance on LIST DATE when STATE IN DETAIL THE CIRCUMSTANCES SUCH AS AN
18

19 ESSENTIAL WITNESS BECAME ILL OR INFORMED ME THAT THEY COULD NOT

20 APPEAR AND TESTIFY ON THE CURRENT TRIAL DATE, ETC.
21
To purchase the entire 15 page document visit:
22

23 https://legaldocspro.myshopify.com/products/sample-ex-parte-
24
application-for-continuance-of-trial-date-for-eviction-in-california
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