Legal Question in Business Law in California

Do you need to involve the Courts with an extension received by the plaintiff's counsel while we are in the final stages of a agreeing upon a settlement agreement? 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.
I thought a Motion to Continue was always needed. Thank you.

Asked on 3/22/13, 5:31 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

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Continue what? If a trial, then yes, a Motion.

Answered on 3/22/13, 5:34 pm

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You are missing the point of my previous answer. The question is what are you extending the time for? Discovery responses? Answer to the Complaint? Trial? Something else. And I disagree with Mr. Selik that you need a motion to deal with a trial date if you have a settlement. You can just file a notice of conditional settlement on the Judicial Counsel Form, and the court will automatically take the trial off calendar and set a dismissal review hearing.

Answered on 3/22/13, 5:37 pm

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