Legal Question in Civil Litigation in California

Most secondary authorities, such as The Rutter Group's Civil Procedure Before Trial, state that the only amendments that may be made on an ex parte basis are amendments to correct form or party identity. All other amendments must be made by noticed motion. That source references Code of Civil Procedure section 473 subdivision (a)(1) and section 576. A careful review of those sections, however, does not support The Rutter Group's position.

I have had judges deny ex parte motions based on this secondary source, and order the matter to proceed only by way of a properly noticed motion. On the other hand, I have a case where a judge two (2) weeks ago allowed an entire second amended complaint, including changes to material allegations and causes of action, be allowed on an ex parte basis while I was unavailable. You can try to do an ex parte, but don't be surprised if you get some resistance from your judge.

Generally, judge's don't like to hear ex parte applications unless it is a true emergency, because is really violates the other parties' due process rights.

Mr. Roach, unfortunately, is correct that judges are unpredictable. See if you can get the other side to agree to the changes, assuming that they are really necessary

Defending yourself in a civil action is very difficult, as you are finding out. It sounds like you want an ex parte application for an order shortening time to have a motion to amend heard sooner. All that does is set the motion to a date earlier than what may be available and unless you have some emergency or "good cause" your application is likely to be denied. You should consult with an attorney to assist you who can review the actual documents. It is impossible to know exactly what is going on, particularly with deadlines and orders, based on your brief description. Good luck.