Legal Question in Civil Litigation in California
Motion To Vacate -Grounds
If the other side's attorneys have an ex-parte contact with a judge(in chambers) during a mediation or settlement hearing is that grounds for moving to vacate the granting of a summary judgment motion?
Thanks
3 Answers from Attorneys
Re: Motion To Vacate -Grounds
While communication with a Judge, Ex Parte, during a mediation would be normal, the mediation is not normally done with the Judge who is deciding the merits of the case.
Re: Motion To Vacate -Grounds
No. Such contact is perfectly normal in settlement conferences and mediations, and chances are that both sides had such contact with the judge.
Re: Motion To Vacate -Grounds
Conferences with the judge, ex parte, during a settlement conference and mediation are part of the process and never considered unauthorized communication with the judge. There is no basis for any motion to vacate a judge's ruling in that instance.
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