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Mark S. Smith, Esq. (SBN-158734) LAW OFFICES OF MARK S. SMITH 4266 Atlantic Avenue Long Beach, CA. 90807 Telephone No.: (562) 437-3326 Facsimile No.: (562)435-0033 Attorney for Defendants, ANNA BURROW; SONJA ELBRANN; ABRAHAM MULLACKALL

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

LINDA MOORE; THOMAS MOORE, Plaintiff, vs. ANNA BURROW; SONJA ELBRANN; ABRAHAM MULLACKALL, Defendants.

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Case No.: NC 050358 EXPARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE FINAL STATUS CONFERENCE AND TRIAL

TO THE PLAINTIFF AND HIS ATTORNEY OF RECORD HEREIN: Defendants, ANNA BURROW; SONJA ELBRANN; ABRAHAM MULLACKALL, do hereby make an ex parte request for order shortening time for a motion to continue the Final Status Conference and Trial in this case. Said request will be based on the memorandum of points and

-1 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL

He has pre-purchased airline tickets and is very needed by his family in Israel. Defendant Abraham Mullackall will be out of the country on important family business from September 16. Abraham Mullackall is the active owner and property manager of the subject property in this case and as such is a material witness.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorities. -2 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL . and oral argument at the time of the hearing. 2008 to September 30. 2008. Mr. THE COURT HAS AUTHORITY TO GRANT AN EXTENSION OF THE MEDIATION CUT OFF DATE AND CONTINUE THE TRIAL DATE BASED ON GOOD CAUSE. They are very elderly. 2008. the record in the case. The other Defendants are passive owners and know nothing about the operation of the subject property and very little about the issues in this case. I FACTS Trial in this case is scheduled for September 29th. II MEMORANDUM OF POINTS AND AUTHORITIES A.

It could not be avoided. Thirlwall (1929) 281 p. 1.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Courts are disposed to show great liberality in granting continuances in civil cases. The trip is one of a family necessity. Smith (1944) 144 P2d 665. He is the only one of the Defendant’s who can testify about the issues in this case. Liberality should be exercised in granting continuances when they are not prejudicial to other parties. (Ross v. 714. as good cause exists. 101 CA 411). GOOD CAUSE EXISTS IN THIS CASE The Defendant ABRAHAM MULLACKAL needs to go back to his homeland was unexpected and is quite necessary. -3 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL . the Defendants request that the court grant their motion for a continuance of the trial date in this case. (Capital National Bank of Sacramento vs. 62 CA2d 328). He has purchased non-refundable airline tickets. when it fairly appears that to do otherwise would deny applicant his day in court. III CONCLUSION Based on the foregoing.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 8. ABRAHAM MULLACKALL -4 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL . ____________________________ Mark Stephen Smith Attorney for Defendants. SONJA ELBRANN. ANNA BURROW. 2008 Respectfully Submitted.

That the other Defendants are passive owners and know nothing about the operation of the subject property and very little about the issues in this case. 3. That I have pre-purchased airline tickets and is very needed by my family in Israel. That I will be out of the country on important family business from September 16. I declare under the Penalty of Perjury under the laws that govern the State of California that the foregoing is True and Correct based on my knowledge and belief. 2008 to September 30.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 5. That Trial in this case is scheduled for September 29th. Executed this 8th day of August. 2008. 2008. DECLARATION OF ABRAHAM MULLACKALL I. ABRAHAM MULLACKALL. That I am A Defendant in the aforementioned case. 2. _______________________________ ABRAHAM MULLACKALL DECLARANT -5 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL . They are very elderly. 4. 2008. declare as follows. That I am the active owner and property manager of the subject property and as such is a material witness. 1.

Esq.: NC 050358 ) ) ORDER GRANTING MOTION ) FOR CONTINUANCE OF TRIAL ) ) ) ) ) ) ) ) ) ) ) ) Good Cause having been shown. ) Case No. 90807 (562) 437-3326 Attorney for Defendants. THOMAS MOORE. ABRAHAM MULLACKALL SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES LINDA MOORE. Plaintiff.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mark S. SONJA ELBRANN. ANNA BURROW. The Final Status Conference date of _______________ is advanced and -6 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL . and ABRAHAM MULLACKALL’s Motion for Continuance of the Final Status Conference and Trial in this case. ABRAHAM MULLACKALL. (SBN-158734) LAW OFFICES OF MARK S. Defendants. the Court does hereby grant Defendants. Smith. SONJA ELBRANN. ANNA BURROW. ANNA BURROW. SONJA ELBRANN. vs. SMITH 4266 Atlantic Avenue Long Beach. CA.

The new Final Status Conference date is _____________. The new Trial date is ______________. Dated: __________________ _________________________________ Judge of the Superior Court -7 EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL . The Trial date of September 29. 2008 is advanced and vacated.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vacated.

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