Legal Question in Civil Litigation in California

Ex Parte Applications
I am appearing Pro Per in a civil matter involving an auto tort. At the court ordered mediation, only the attorney for the insurance company attended - not an authorized representative of the insurance company with settlement authority. The Mediator sanctioned the insurance company and I advised the mediator of my desire to reschedule the mediation with the proper parties present. I have drafted a motion to compel attendance at a mediation and extend all deadlines related therto. However, if I give proper notice, the motion can not be set for hearing prior to a post mediation hearing. Would you advise filing an ex Parte motion?

If so, what is the process involved? Do I have any other responsibilities related to an ex parte motion?Also, should I draft the motin as an ''Ex Parte motion to Compel...'' or as an ''Ex Parte application for order to compel attendance...''.

Thanks for your help.

Asked on 4/25/01, 1:32 am

Ken Koury Kenneth P. Koury, Esq.

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Re: Ex Parte Applications

just tell the judge what happened at the post mediation conference and ask him to order what you are requesting.

Answered on 6/15/01, 7:44 pm

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