Legal Question in Civil Litigation in California

Enforce settlement agreement via ex parte application

This week I will be attending the the ex parte hearing in which the plaintiff has filed the above application. Do I need to draft my opposition now and take it with me? There is no mention of a memorandum of points and authorities in this application and per the law library guides it clearly states an ex parte must contain certain 'aspects', format rules to be considered...yes or no?

Thanks in advance


Asked on 12/17/07, 1:34 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Enforce settlement agreement via ex parte application

Depending on which court, either you file your opposition in advance or you bring it with you. It would not be wise to NOT file anything, since on ex parte applications, courts don't usually hear argument. Make sure you have evidence attached to your opposition -- usually a declaration with authenticated evidence attached.

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Answered on 12/17/07, 2:19 am


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