Legal Question in Credit and Debt Law in California

Do you need to involve the Courts or the the counsel on the other side to obtain a extension to delay a required answer by 1-2 weeks during which a settlement agreement draft is being considered, reviewed, and potentially accepted?

The plaintiff attorney indicated their written word by email is sufficient for an extension (wrote in an email that the court is not involved in granting extensions but only through the plaintiff). The extra time is for the plaintiff and my partner review, sign the final settlement agreement, and make one payment to the plaintiff's attorney before the case in 1-2 weeks is dismissed wih prejudice.

I ask because I thought a Motion to Continue was always needed. Thank you in advance for your kind, and timely help.


Asked on 3/23/13, 2:11 pm

1 Answer from Attorneys

Edward McCutchan Sunderland | McCutchan, LLP

If there is a need to continue time for a settlement agreement to be concluded you do not need to involve the courts. Rather an e mail from the other attorney suffices.

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Answered on 3/23/13, 2:29 pm


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