Legal Question in Civil Litigation in California

You cannot get a quick ending to the case in your favor with procedural games like you propose. All you will do is put yourself on the court's radar as a problem litigant. Do you really think the legal system is set up so that you can win a case because of an extra page in a document? Really? If you've done all this research to come up with this scheme, how is it you don't know that the court has complete discretion to consider untimely papers as if they were timely filed, in the interest of justice and/or the proper and efficient administration of the courts? How do you think the court is going to feel about you trying to win a case, not on the merits, but on a single sheet of paper? How do you think the court is going to feel about you trying to waste the court's resources on a pointless motion that even if granted the court would be required to set aside the default upon the filing of an attorney's affidavit of fault and allow a new demurrer to be filed? You really think that with L.A. County closing something like half its court facilities, and every other county in the state facing major cut backs in court budgets, a judge is going to do anything in response to your motion but note you as problem litigant with only enough knowledge of the law to be dangerous to yourself and the resources of the court? In over 25 years of law practice, I have never once seen a self-represented party win a case against a represented party. You are wasting your time and the scarce resources of the judicial system that people with real cases need.

Your ex parte will be denied. Your entire argument for your ex parte concerning prejudice is frivolous. I am sorry to be so blunt, but I could see a judge taking the time to give you a stern admonishment for the ridiculous nature of your argument.

Courts have a strong policy of deciding cases on the merits. There are lesser penalties for an oversized brief, such as continuing the hearing to allow you more time, and monetary sanctions (which might be paid to the court and not to you). Look at the case law, and you will see that there are many decisions where the Court of Appeals says this.

The violation is worth, at the absolute most, a paragraph in your opposition brief. I doubt it's worth more than a footnote. It may also be that you most effective strategy is to amend your complaint to address the defendants' concerns -- without reviewing the papers, it is impossible to tell.

Please, do yourself a favor. Hire a good litigation lawyer for a one-hour consultation to review your complaint and your strategy. Your investment will likely save you hours of time and aggravation. Public forums will be unable to provide sufficient guidance -- because we cannot give specific advice on a case. Your argument shows me that you do not have the necessary understanding of the litigation system to successfully prosecute a contested case.

I agree with y colleague. You filed an unlimited civil complaint and want it to end quickly for a minor procedural error. Courts do not like default judgments and won't enter one when they can. Even if you get a default, you still with the set asides which is still a lot of work.

You say they won't be prejudiced that much by a default judgment but courts would rather have the case decided on the merits. If a new demurrer will eventually get in, deal with the demurrer now. Then deal with the merits. Get an attorney it will save you some grief.

You're wasting your time and you are going to alienate the judge against you.

I agree with the prior answers. And you may even be wrong about the length of the defendants' memorandum. If page 1 is the caption and the memo itself begins on page 2, then it is within the length limit even though it ends on page 16. This happens quite often, and pro pers frequently don't realize it's proper.