Legal Question in Civil Litigation in California
Do you have to file a response to a motion to fix attorney's fees or can you wait until the hearing date to plead your case?
Asked on 1/09/12, 10:21 am
3 Answers from Attorneys
Joel Selik
www.SelikLaw.com
You should file a written opposition within the proper time (CCP 1005). If you wait until the hearing the Judge may not consider your position and it will certainly weaken any arguments you have.
Answered on 1/09/12, 10:22 am
Edward Hoffman
Law Offices of Edward A. Hoffman
Mr. Selik is right. Each side is entitled to see the other's written arguments well in advance of the hearing. If you don't submit a written opposition, the court will probably not let you argue at the hearing. And if you submit one but miss the due date, the court might do the same thing.
Answered on 1/09/12, 12:19 pm
Terry A. Nelson
Nelson & Lawless
All motions are decided on pleadings. If you file none, you have defaulted.
Answered on 1/09/12, 12:27 pm
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