Legal Question in Real Estate Law in California

Am self-represented and got a temporary restraining order against trustee to prevent foreclosure sale of my deceased father's house pursuant to a reverse mortgage deed of trust. Hearing on prelim injunction is next Thursday. Defendant has unexpectedly filed opposition to injunction, and I did not leave myself time to file reply brief. What can I do? Do I go to court and argue points of my reply brief in open court? Do I ask for continuance to file reply brief? Some other thoughts? Complaint for injunctive relief is based on my ongoing quiet title suit to get clear title to ownership of the house, and my claim that its prior sale by foreclosure trustee would inflict irreparable injury on me.


Asked on 2/13/16, 10:50 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Why would the defendant's filing of an opposition be unexpected? How strong an argument can you make in a reply brief -- very powerful rebuttal to the opposition, or mere restatement of claims you made in the initial application? Without knowing these things, and also which court and judge, I can only give general advice, which would be to file and serve the reply brief early Monday AND show up for the hearing. Many judges will accept and read late-filed briefs, although the clerks may also put nasty "late filed" stamps on their cover pages. Some won't, so show up ready to present your arguments. Better yet, with something this important, get legal representation before Thursday's court date.

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Answered on 2/13/16, 2:33 pm


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