1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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 ORDER
13 vs. ) ADVANCING HEARING DATE ON DEMURRER,
) OR IN THE ALTERNATIVE FOR AN ORDER
14 Any Defendant, and DOES 1-5 ) SHORTENING TIME FOR HEARING ON
) DEMURRER; MEMORANDUM OF POINTS AND
15 Defendants. ) AUTHORITIES; DECLARATION OF __________
)
16 )
) DATE:
17 ) TIME:
) DEPT:
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)
19 )

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24 address. Be sure to remove this notice and all other notices before
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 1 To view over 300 sample legal documents for California and
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Federal litigation visit: http://www.scribd.com/LegalDocsPro
4 TO :_________________________________ AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
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the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
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_____________________, will and does move the Court by ex-parte application for an

9 order advancing the hearing date on the demurrer to the first amended complaint filed by

10 _______________________________ currently set for hearing on ________ at .M. in Dept. __of the
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above-entitled Court located at _________________________ to the first available hearing date, or
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in the alternative shortening time for hearing on the demurrer to the first amended complaint filed by
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__________ on the grounds that ___________ will suffer irreparable injury including suffering
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15 severe prejudice or economic loss if the demurrer is not heard before ______________ in that said

16 hearing date is ________months since the date that the original complaint was filed as more fully set
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forth in the declarations of ______________ and _______________.
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This ex-parte application will be based upon this notice, the memorandum of points and
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authorities in support thereof, the files and records of this case, the declarations of ___________ and
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21 _________________, and such other and further oral and documentary evidence as may be presented

22 at the hearing.
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24 Dated: ________________ __________________________________________

ANY ATTORNEY OR PARTY
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 1 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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This case involves PROVIDE A BRIEF DESCRIPTION OF CASE.
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Plaintiff filed their original complaint on ___________ and their first amended complaint on

7 ___________.

8 The original complaint had two causes of action, (1) professional negligence and (2) breach
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of fiduciary duty. See the original complaint on file.
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The first amended complaint has five causes of action, (1) professional negligence, (2) breach
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of fiduciary duty, (3) negligent infliction of emotional distress, (4) fraud by concealment and (5)
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13 unfair business practices. See the original and first amended complaint on file.

14 ______________ filed a demurrer along with a request for judicial notice that totals over __
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pages and is currently set for hearing on ____________ at ____.M.
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_________ is requesting ex-parte relief as they will suffer great and irreparable injury if the
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court does not act immediately in that ________ will suffer irreparable injury including suffering
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19 severe prejudice or economic loss if the demurrer is not heard before _________as said hearing date

20 is almost one year from the date of this ex-parte application and is 18 months since the original
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complaint was filed in this action on ________________.
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application-to-advance-hearing-date-in-california
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