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Ken DOE1 XXX XXX SXXX & XXX LLP XYZ XYZ XYZ XYZ kDOE1@DOE1law.com Attorney for Respondent JOHN DOE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XYZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

JANE DOE, an individual, Petitioner, vs. JOHN DOE, an individual, Respondent

Case No.: X999999 NOTICE FOR EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND SUPPORTING DECLARATIONS OF JOHN DOE; [PROPOSED] ORDER MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION RE: ADVANCED NOTICE; AND ORDER TO SHOW CAUSE, SUPPORTING DECLARATION OF JOHN DOE Date Time Dept Judge : March 5, 2010 : 8:30 am : 33 :

TO PETITIONER AND HER ATTORNEY OF RECORD

NOTICE IS HEREBY GIVEN THAT on March 5, 2010 at 8:30am , in Department 33 in the Hall of Justice Courthouse, Ventura Courthouse, located at 800 South Victoria Blvd, Ventura, California, Attorney for

Ex Parte Notice and Application for Order Shortening Time - 1

vendors and building lease. [Proposed] Order and the Order to Show Cause. This application is further based on the Court’s inherent equitable powers. The delay in hearing this matter after the normal time for service of the above-described papers would cause a substantial hardship to Respondent because Petitioner has obtained Ex-Parte Temporary Orders on February 22. other than the middle of June 2010. Defendant is unable to obtain an earlier date from the Court. I can state the following based upon personal knowledge and through the attached declarations of John Doe. the declarations of John Doe and Ken DOE1 attached hereto. This motion will be based on this Application. will be applying for an Order to shorten Time to hear ORDER TO SHOW CAUSE FOR CHILD CUSTODY. 2010. in which to hear this Motion as Mediation is required for this Motion to be heard. This application is made on the grounds that Petitioner has made statements to the Court in support of her obtaining the Temporary Order that do not comport to any reasonable expectation of the truth. ATTORNEY FEES. Attached to this application is a copy the Order to Show Cause which can be filed and served upon Petitioner immediately upon the granting of this Order. in which Petitioner has been stripped of his ability to access his business and money. along with Petitioner obtaining Orders which have frozen Bank Accounts that are critical to the functioning of the community business. In support of this application. SPOUSAL SUPPORT AND INJUNCTIVE ORDERS. Ex Parte Notice and Application for Order Shortening Time . CHILD VISITATION.2 . Memorandum of points and authorities served and filed herewith. JOHN DOE. including paying payroll.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 Respondent.

Attorney Listing Website. 2010.3 . 2010. ABC.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 supporting declaration of JOHN DOE and on such oral and documentary evidence as may be presented at the hearing on this Motion. DCD at 8:55am on March 2. 2010 at Simi Valley California By: Ken DOE1 Attorney for Respondent Ex Parte Notice and Application for Order Shortening Time . and spoke to her assistant Mr. Dated this 2nd day of March. by telephone at the phone number listed on the State Bar of California Bar. Ms. Attorney Listing Website ((999) 999-0999). I further transmitted via facsimile a copy of this notice along with moving papers to Counsel at (866) 9999-5999. the fax number State Bar of California Bar. Counsel for Respondent has notified Petitioner’s Counsel. I informed him of this Ex Parte Hearing for an Order Shortening Time to be held in Department 33 at 8:30am on March 5.

2010. Ken DOE1. Respondent Case No. and previous counsel has not submitted any responses to Petitioner’s Order to Show Cause and had not prepared any Orders to Show Cause to protect Respondent’s Ex Parte Notice and Application for Order Shortening Time .4 . I am an attorney registered to practice in the State of California. an individual.: X999999 APPLICATION FOR ORDER SHORTENING TIME Date Time Dept Judge : March 5.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ken DOE1 XXXXXX SXXX & XXX LLP XYZ XYZ XYZ FAX 999-999-9999 kDOE1@DOE1law.com Attorney for Respondent JOHN DOE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XYZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JANE DOE. 1) I am the attorney retained for Respondent John Doe in this action. Petitioner. JOHN DOE. vs. 2) I am the new counsel for the Respondent. an individual. 2010 : 8:30 am : 33 : I. declare as follows. who has been substituted in from previous counsel on March 1.

2010. (said Order to Show Cause filed herewith). 2010. spousal support and injunctive orders.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6) 21 22 23 24 25 4) access to his children and his business. 2010. said arguments not being presented in the Ex Parte Hearing of February 22. 5) It is in the interest of judicial economy to hear these related actions together and to set custody. be shortened so that this matter may be heard on March 21. visitation. and I am seeking the Court’s permission to reduce the time for service of this Order. visitation and support orders in a single hearing. It is also in the best interests of this Court to be able to have properly prepared arguments on issues raised Petitioner in their Order to Show Cause. 3) I have prepared an Order to Show Cause for child custody. It is necessary that time for service of the Order to Show Cause for child custody.5 . Ex Parte Notice and Application for Order Shortening Time . support and injunctive orders and have attached it herewith. which is the date that the Court is set to hear oral arguments on the remaining issues on Petitioner’s Order to Show Cause. child visitation. attorney fees. I am requesting an Order shortening time in order to promote judicial economy and to protect Respondent’s rights and to raise issues that should have been presented to the Court during the Ex Parte Hearing held on February 22.

Dated : _______________ Law Offices of Ken DOE1 _________________________ Attorney for Respondent Ex Parte Notice and Application for Order Shortening Time . Respondent has been barred from the business. 9) I have given proper notice to Petitioner’s attorney as stated in my declaration. This Court has already made Temporary Orders regarding custody and visitation solely based upon the Declaration of Petitioner. is unable to file an Order to Show Cause regarding custody or visitation of his children for at least 3 months according to the filing clerk for family law.6 . as mediation is required and the first available mediation appointment is in the “middle of June”. due to Court Rules. and Petitioner has demonstrated that her inability to conduct the family business in a profitable manner is lacking.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 7) Respondent. 8) There are also economic consequences of not hearing Respondent’s Order to Show Cause to the family business within this time frame. which is his only source of income. Currently. said Declaration wrought with errors and misstatements of “facts”.

vs. 2010 8:30 am 33 0 Having read and considered the application requesting an order shortening time for a hearing on Respondent’s Order to Show Cause and good cause appearing therefore. The application is granted.7 . The hearing on Respondent’s Order to Show Cause shall take place in Department 33 on March 21. Ex Parte Notice and Application for Order Shortening Time .: X999999 [PROPOSED] ORDER. JOHN DOE. 2010 at 8:30 am. Petitioner. IT IS SO ORDERED THAT 1. 2. Respondent Case No.com Attorney for Respondent JOHN DOE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XYZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JANE DOE. an individual. an individual. Date Time Dept Judge : : : : March 5.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ken DOE1 XXXXXX SXXX & XXX LLP XYZ XYZ XYZ FAX 999-999-9999 kDOE1@DOE1law.

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 3. The time for service of the Respondent’s Order to Show Cause is shortened. the opposition papers must include the following notation: OPPOSITION FILED ON ______________ PURSUANT TO EX PARTE O. including the supporting documents shall be accomplished by personal service or facsimile transmission no later than ____________ at __________.S.8 . 4. All papers opposing the motion must be filed and served by facsimile transmission no later than _______________ at __________. Service of this order and the motion.T ISSUED ON ___________ (date of order shortening time) 5. Dated : ____________________ ________________________ 0 Judge Superior Court Ex Parte Notice and Application for Order Shortening Time . 6. Proof of service of the motion and this order must be filed no later than _______________ at _________. Any reply papers must be filed and served by facsimile transmission no later than _______________ at _____________. Immediately below the date time and place of the hearing.

Respondent was not informed of the Ex Parte Action of February 22. 2010. Venue is not being objected to by the Respondent and Respondent is not challenging the jurisdiction of this court II. and has lost access to see his Children. in that he did not get notice due to the circumstances of service. due to Court Rules regarding mediation. Ventura County Rules of Court 15.01 states that an application for an ex parte order shall be presented to the judge to whom the matter is assigned. which is only means of income. Ex Parte Notice and Application for Order Shortening Time . I. whereby he lost access to his business. which would not be heard until the middle of June. Respondent is attempting to be heard on issues that are necessary to be before this Court but his only avenue is to file his own Order to Show Cause.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 MEMORANDUM OF POINTS AND AUTHORITIES STATEMENT OF FACTS The Respondent has a meritorious defense to the actions taken on February 22. COURT HAS JURISDICTION This Court has the jurisdiction to rule on this Ex Parte Application along with the accompanying Order to Show Cause. very drastic consequences when Respondent did not have the opportunity to defend himself or to counter the arguments made by the Petitioner. 2010.9 .

"The request should be made on the appropriate application form .. Rule 3. Respondent seeks for the Court to exercise it’s powers and reduce the amount of time for service of Respondent’s Order to Show Cause.1300 of the California Rules of Court. as cited in In re Marriage of Seagondollar. supra. .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 COURT HAS POWER TO ALLOW FOR A SHORTER AMOUNT OF TIME TO REPLY TO A MOTION A hearing date on an OSC "must be selected to comply with the CCP § 1005(b) minimum notice period . Cal. states the time filing and service of motion papers shall be in accordance with the California Code of Civil Procedure section 1005. 2005)... p. absent an order shortening time." (Id. to prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005. . setting forth evidentiary facts why a shorter notice period is necessary. 4th 1116. so that Respondent’s Order can be heard at the same time of Petitioner’s Order to Show Cause on March 21.Rptr. Practice Guide: Family Law. 5-133 (rev.3d 575 (Cal." (Hogoboom & King. The Court does. ¶ 17:367.) An order shortening time may be requested when filing the OSC. App. App. #1. 139 Cal. . # 1.. have power on its own motion or on application for an order shortening time supported by a declaration showing good cause. 17-90 (rev. . It is in the best interest of justice to have both Orders heard at the Ex Parte Notice and Application for Order Shortening Time . ¶ 5:349. 2010. p. 43 Cal. 2005).10 . under subsection (b) of the same Rule. 2006) .

2010. It is also shown in the attached declarations that Respondent’s business has been taken from him based on improper grounds and without any opportunity to be heard on the issues. The matters are closely intertwined and the Respondent would have to wait until the middle of June to be heard elsewise. PETITIONER WILL NOT BE PREJUDICED BY THE GRANTING OF THE ORDER SHORTENING TIME Though the Courts not do have a definitive listing of criterion on which to base whether a Motion for an Order Shortening Time should be granted. Immediacy of hearing this issue of his removal his family and from his only source of income must be heard sooner rather than later. at least one case parallels issues in this current matter. In the Farrar. and Respondent is asking for the same date so that his OSC can be heard. is scheduled to be heard on March 21. III. which caused Respondent’s loss of business access. “Here. plaintiff already had such a motion on file. Petitioner’s OSC.11 .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 same time. the Court did not find that the trial court abused their discretion in granting the Motion for Shortening Time based upon the previously filed Motion. the Plaintiff already had papers for a Motion already pending before the court and when the Defendant wanted to shorten the time for response to a 583(a) Motion. he suffered no Ex Parte Notice and Application for Order Shortening Time . so that he was unaffected by the shortened notice of defendant's motion. As previously stated.

App. Dated : _______________ Law Offices of Ken DOE1 _________________________ Attorney for Respondent Ex Parte Notice and Application for Order Shortening Time .12 . 25 Cal.Rptr. 2 Dist. and by granting this Motion. 2010. 190.. To use the same precepts.App. 1972). Respondent demonstrates that Petitioner will not be prejudiced by the granting of this Motion to shorten time.3d 701. 102 Cal." (Farrar v. CONCLUSION Based upon the foregoing analysis of the current law and updated Rules of Court. March 21. McCormick. which is primarily based upon refuting Petitioner’s claims introduced in Petitioner’s Motion.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 prejudice thereby. 2010. Petitioner will have more than 15 days to prepare any opposition to Respondent’s Motion. Petitioner already has their Motion scheduled for March 21. IV. Respondent respectfully requests that the Court grant this Order to Shorten Time and hear Respondent’s Order to Show Cause at the same time of Petitioner’s Order to Show Cause. 705 (Cal.

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