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.
1 Answer from Attorneys
Re: Ex Parte Applications
just tell the judge what happened at the post mediation conference and ask him to order what you are requesting.