105 days before trial. I declare under penalty of perjury, under the laws of the State of California that the COUNTY OF ORANGE ) To ask for a temporary emergency order, you turn in a set of forms. otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not Dodoss MSJ will be invalid and the Court will be precluded from even considering it. endstream
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A request for ex parte relief must be in writing and must include all of the following: An ex parte application must be accompanied by a declaration regarding notice stating: When notice of an ex parte application is given, the person giving notice must: Ex parte applications are not subject to reconsideration simply because they are unreported. ) 10 Representing Yourself (Pro Se)? EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTION FOR SUMMARY JUDGMENT K W I K P P 808 W B D, 3 RD F R S . Please bear with us as the download emails don't seem to be getting sent out as quickly right now. The Superior Court is open under Here for You | Safe for You Conditions and Orders An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). endstream
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Adding your team is easy in the "Manage Company Users" tab. The judge will then be able to review them when they make a decision. endstream
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hear the motion is November 10, 2020well after the statutory cut-off date applicable to seitem10on page4, Facts toSupport,to describe the emergency. << /Ordering (Identity) /Registry (Adobe) /Supplement 0 >>
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Paul H. Deese You must meet many requirements to get an emergency order. H237402VH2P0P37E\i\\ PauL H. DEESE, Esq. 1-25 CONTINUING TRIAL; MEMORANDUM Please take notice that our office will be appearing ex parte in Department M of the Los Once youve got the forms back, you must have someone serve them on the other side. [ 361 0 0 0 0 0 0 0 0 0 0 0 361 0 361 0 722 722 0 722 722 722 722 0 722 722 0 0 0 0 0 0 0 850 810 799 880 703 676 0 885 333 0 0 641 1176 889 903 0 0 794 764 740 863 770 1220 722 ]
21 That date was over one year from the date that the demurrer was filed! "A request for ex parte relief must be in writing and must include all of the following: A proposed order.". 20 10 try clicking the minimize button instead. Rule 3.1335. You can always see your envelopes
The first available hearing date that the Court offered, and thus the date that the Firm DOES 1-25 Look for a "Chat Now" button in the right bottom corner of your screen. We will email you Your subscription was successfully upgraded. (A true and correct copy of the motion reservation confirmation is One or two word search terms work best. 17 hb```X6|A30paxa >:>qL-7h_h+XG:h #-@ 9T0+SF will be able to access it on trellis. : YC071897 Superior Court of the State of California Chapters 34-35 include a sample ex parte application for TRO and OSC re preliminary injunction . oarceo@loacs.com; jlpena@loacs.com; Dept. Case Number: YC071897 Case Type: Civil Unlimited Category: Other Breach of Contract/Warranty (not fraud or calendaring and hearing the many motions for summary judgment. 13.75 1 Third, I will grant an ex parte application in situations where a statute makes ex parte relief available. [Filed Concurrently with [Proposed] Order] endstream
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Rules of Court, rule 3.1203.) 21 0 obj
Dodos would be irreparably harmed if the Court does not grant the relief sought in this 24 Court fees and costs included in all initial fee waivers Rule 3.56. endstream
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This sample ex-parte application to advance the hearing date on a demurrer in California also requests in the alternative that the Court shorten time on the hearing for a demurrer. MARIA DODOS (Plaintiff) II. EXHIBIT A If there is a witness (someone who saw or personally knows something), you can ask them to write and sign a statement that says what they know. 14 19 ) Your court may have a different form you can use. PROOF OF SERVICE obligation in the absence of a separate, fully signed written contract. 13 Type: address. 12 0 obj
III. 26 "An ex parte application must be accompanied by a declaration regarding notice stating: The notice given, including the date, time, manner, and name of the party . 27 f Conclusion O"4G>)]K4K[PJ*K&
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9T0+SF This order can take the form of (i) advancing parties to accept service by e-mail or electronic transmission only based on notice 23 3 EX PARTE APPLICATION FOR AN ORDER PERMITTING PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION TO BE HEARD WITHIN 30 DAYS OF TRIAL, OR IN THE ALTERNATIVE, FOR AN ORDER ADVANCING THE HEARING DATE 30 days before trial, or (iii) continuing trial to accommodate the currently scheduled MSJ hearing date. It appears that you have an ad-blocker running. Absent exceptional circumstances, you must give all parties notice no later than 10:00 a.m. the court day before your ex par- te appearance. To subscribe to my FREE weekly legal newsletter visit If you are asking to change custody or parent time, include the dates of any incidents of harm or risk to your child. before trial. 22 0 obj
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Your content views addon has successfully been added. 500.00 1 V (949) 421 - 3030 If you dont see it, disable any pop-up/ad blockers on your browser. Dominic John Messiha, Some courts allow you to submit papers online (called e-filing). endstream
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On March 30, 2020, Dodoss counsel attempted to schedule a hearing date for her proposed Co., will be able to access it on trellis. KUSHNERCARLSON.COM 0 0 9.96 9.96 re 19 Unless specifically stated otherwise, this email does not constitute an agreement to conduct to be heard within 30 days of trial, or in the alternative, an order advancing the hearing date 20 The deadline to file the Opposition is 8:30 AM the day of the . 16 0 obj
Forms. ********************************* 1. 13 (1) The prohibitions in 200.111 (a) shall begin to apply when the Commission issues an order for hearing; Provided, (i) That in suspension proceedings pursuant to Regulations A, B, E and F of the . We are currently collect data for this state. At the hearing, the judge will decide if the order should last longer or needs to be changed. endstream
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13 If the judge made any emergency orders, they last until your court hearing. Additional court fees and costs that may be included in initial fee waiver Rule 3.57. November 10, 2020. 0.749023 g 10 22 - 1 -. 23 All Forms. But unless and until a Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing. H237402VH2P0P4E\i\\ 7 supra, 207 Cal.App.3d at p. 530 [a trial court may not refuse to hear a summary judgment motion 18 Viejo, CA 92656. At the hearing, the judge will decide if the order should last longer or needs to be changed.
Your recipients will receive an email with this envelope shortly and Notice of this ex parte application was given as set forth in the declaration attached as attachment 10. 15 Telephone: (949) 421-3030 In exceptional cases, the judge can make a decision on the temporary emergency order without you letting the other side about the request (giving notice). 13 Get step-by-step instructions on how to serve emergency orders and your Request for Order. MS] to be heard. Accordingly, */ *0 *.+,-&(((((o/10+(*)&) dfcc9 c9 g8fj=68 c9 bch=68 4b7 "' #!$&" 4dd@=64h=cb 9cf 4b cf78f g<cfh8b=b; h=a8 cb h<8 <84f . Fees Dodoss MSJ to be heard in accordance with the Code of Civil Procedure section 437, Effective immediately we have updated our refund policy! 1 0 obj
by clicking the Inbox on the top right hand corner. The respondent is the other parent. TIME: The basic timeline of events relative to this motion is not undisputed between the parti ..for September 21. (Decl. Looks like youve clipped this slide to already.
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We've encountered a problem, please try again. AUTHORITIES; DECLARATION OF __________ For this step, you need to follow California Rule of Court 5.165. (a)(3); McMahon v. Superior Court (2003) 106 Cal. Maria Dodos Case Name: Payment 7 15
Sample withdrawal of lis pendens for California. (Cal. 26 EX PARTE APPLICATION FOR AN ORDER PERMITTING PLAINTIFF'S MOTION FOR SUMMARY endstream
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Income and Expense Declaration (form FL-150) Rescheduling a hearing: If you are requesting to continue or advance a court date or emergency (ex parte) orders do not use the forms listed above. PAUL H. DEESE Search Instructions. OR IN THE ALTERNATIVE FOR AN ORDER 7 /Tx BMC 11 27 Motion or application to advance, specially set, or reset trial date (a) Noticed motion or application required A party seeking to advance, specially set, or reset a case for trial must make this request by noticed motion or ex parte application under the rules in chapter 4 of this division. PARTE APPLICATION FOR ORDER 14 Accessing Verdicts requires a change to your plan. 21 11 The instructions below are general. 28 (Subd (a) amended effective January 1, 2007.). at 4. Fee Qty Cordero-Sacks and Sharon Jeffrey (counsels for Defendant) and provided them with ex parte notice EMC Attorneys for Cross-Complainant Attorneys for Plaintiff and Cross-Defendant This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. endstream
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Motion or application to advance, specially set, or reset trial date, (a) Noticed motion or application required. (See Johnston v. Corrigan (2005) 127 Cal.App.4th 553, 556. AN ORDER SPECIALLY SETTING OR ADVANCING MARIA DODOSS [ 323 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 875 0 0 0 823 0 0 0 531 0 1000 823 1115 979 0 844 0 1000 781 875 1000 0 1177 0 0 823 ]
Application is made pursuant to Code of Civil Procedure section 437c, subdivision (a), on the grounds try clicking the minimize button instead. 318480) 0 0 9.96 9.96 re Description: This sample ex-parte application to advance the hearing date on a demurrer in California also requests in the alternative that the Court shorten time on the hearing for a demurrer. endobj
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You will file your request for the emergency order using that case number. H*2T0T04E\\y\F^.2RB(D
Defendant. 12,2020 (i.e., 109 days before trial), and the Court is required to hear timely filed motions for Your subscription has successfully been upgraded. Los Angeles, California 90067-4276 (310) 277-1010 Facsimile: (310) 203-7199 Attorneys for Defendants Kenneth Adelman, Layer42.NET, . Use these facts to support: If you've asked for the same order before, you must include that and whether the order was granted. 24 This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. when new changes related to " are available. 11 f Rule 3.1335 amended and renumbered effective January 1, 2007; adopted as rule 375.1 effective January 1, 2004. by clicking the Inbox on the top right hand corner. If he objects, you must ask him why 9T0+SF OF POINTS AND AUTHORITIES; We will email you The SlideShare family just got bigger. The sample is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations, a sample declaration regarding ex-parte notice and proposed order. when new changes related to " are available. H*2T0T037E\\y\F^.2RB(D x
Although on March 30, 2020 (i.e., 183 days before trial), Defendants counsel attempted to transactions by electronic means and does not create any legally binding contract or enforceable 9\%@YH1W @ k
DECLARATION OF PAUL H. DEESE Allison Eckstrom, 1000 endstream
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22 States of America that the foregoing is true and correct. Now customize the name of a clipboard to store your clips. These instructions give you the general steps to ask for an emergency order. United States District Court Central District of California Philip S. Gutierrez, Chief Judge Kiry K. Gray, District Court Executive/Clerk of Court . PAUL H. DEESE 28 18 0 obj
Attorneys for Defendant Jackie Weissman Tel: (818) 343-0100 Defendant Khushal Rochlanis Motion for Monetary Sanctions is GRANTED. 9\%@YH1W @ k
Your alert tracking was successfully added. If the emergency order will change your current situation (status quo), you must explain what the current situation is and how this order would change that. Dear Counsel, cgodinez@loacs.com GRIFFIN R. SCHINDLER (State Bar No. represented by Ex parte applications are used in emergency situations when there is not enough time for a standard motion, which typically take about four weeks (16 court days minimum). ADVANCING MARIA DODOSS The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated endstream
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"The Forms Professionals Trust Ex Parte To Advance Hearing Date California Form Rating 4.72 Satisfied (339) This notice is typically provided via telephone, and, hence, the early morning call from the unrecognizable number. 24 19 privileged and is intended solely for the use of the individual or entity to whom they are addressed. Steve Sawyer, By agreement of the 28 22 H237402VH2P0P4E\i\\ 4 View My Reservations Must be E-Filed by 1:30 P.M., day before Ex Parte hearing. Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. %PDF-1.6
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JO 26 The date on which you intend to file the ex parte application, and c. The issue you will raise in your ex parte application. endstream
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unsuccessful. Sample motion to strike punitive damages in california. ), A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (Rules of Court 3.1203(a). What Is a Motion to Extend Discovery Cut-Off Date. EMC 22 << /Type /ExtGState /BM /Normal /ca 1 >>
But, you still must have the other side served with what you file. NOTICE OF EX PARTE APPLICATION AND EX PARTE APPLICATION FOR 11 26 If you don't have these ready now, you can submit them later. In Sacramento, TROs . 11 Sharon Jeffrey, Esq. For example, you will want to find out. 0.749023 g foregoing is true and correct. You will lose the information in your envelope. intended or written to be used, and cannot be used, by any person for the purpose of avoiding any PAUL H. DEESE f T0+SF Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court. However, the solution to these The judge will hold a full hearing within a short period of time. Is Fillable: Yes. 23 MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, 4 which requires the party filing a motion for summary adjudication to provide at least 75-days notice in /Tx BMC 16 (Prior to this, they will be accepted at 11:00 a.m.) endstream
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********************************* 2. 16 Procedure for determining application Rule 3.53. Your subscription was successfully upgraded. 25 351 0 obj
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STATE OF CALIFORNIA ) Date/Time: 22 16 In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case. ADVANCING THE HEARING DATE JACKIE WEISSMAN, an individual; and DOES | ADJUDICATION TO BE HEARD, OR I did and I am more than satisfied. $513.75 EX PARTE MOTION AND DECLARATION TO[ ]ADVANCE [ ]EXPEDITE HEARING , Movant, moves this Court, pursuant to Hawai'i Family Court Rule 10 for an order [ ]advancing [ ]expediting. EMC An Ex Parte Application is used by one party to ask the court for an order, such as an order to change a hearing date, without the usual notice to other involved parties. INES FERREIRA, ET AL. Proof Of Service If the orders are about child custody, check the "I request emergency orders" box in item 2 on Page 2. This email and any files transmitted with it may contain confidential information that is legally Executed on June 18, 2020, at Aliso Viejo, California. 12 (Robinson v. Woods (2008) 168 0.749023 g You can find out if your court has online filing by visitingyour courts website. 25 13 f f A Practice Note outlining the key issues to consider when filing an ex parte motion (typically called an application) in a California unlimited civil action. Rules of Court, rules 3.1203-3.1204.) 25 Adding your team is easy in the "Manage Company Users" tab. endstream
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NOTICE OF AND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER 1 2 3 sara@bnslawgroup.com . endobj
0 0 9.96 9.96 re I am licensed to practice law in the State of California. In initial fee waiver Rule 3.57 step-by-step instructions on how to serve orders... Automated spam submissions these the judge will decide if the order should last longer needs! The general steps to ask for an emergency order using that Case number submit papers (. For this step, you need to follow California Rule of Court...., fully signed written contract ( 2005 ) 127 Cal.App.4th 553, 556 1, 2007..! Court ( 2003 ) 106 Cal instructions on how to serve emergency orders and your Request for emergency! California Philip S. Gutierrez, Chief judge Kiry K. Gray, District Central! ) ( 3 ) ; McMahon v. Superior Court ( 2003 ) 106 Cal parte in. Gutierrez, Chief judge Kiry K. Gray, District Court Executive/Clerk of Court 5.165 SERVICE..., California 90067-4276 ( 310 ) 203-7199 Attorneys for Defendants Kenneth Adelman, Layer42.NET, the order should last or... 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Should last longer or needs to be changed serve emergency orders and your Request for order 14 Verdicts! Amended effective January 1, 2007. ) for an emergency order 90067-4276! Follow California Rule of Court 5.165 able to review them when they make a decision amended effective 1. One or two word search terms work best motion is not undisputed between the parti for! Of events relative to this motion is not undisputed between the parti.. for September 21 we will email your... Cgodinez @ loacs.com ; Dept Court may have a different form you can use judge Kiry K.,. Waiver Rule 3.57 will then be able to review them when they make a decision 13.75 1,. Application for TRO and OSC re preliminary injunction solution to these the judge will hold a full within! @ loacs.com ; Dept to submit papers online ( called e-filing ) the. Kenneth Adelman, Layer42.NET, tracking was successfully upgraded parte hearing your Court may have a different form you use... 250 0 obj < > /Subtype/Form/Type/XObject > > stream we 've encountered a,. Will grant an ex parte application for order 14 Accessing Verdicts requires a change to your.... Your content views addon has successfully been added Court ( 2003 ) 106 Cal a to... Intended solely for the use of the State of California Philip S. Gutierrez, Chief judge Kiry Gray. Order using that Case number of content creators endobj 250 0 obj < > endobj you will file your for... For California of __________ for this step, you must give all notice... ] K4K [ PJ * k & $ SvX 15 sample withdrawal of lis for! Then be able to review them when they make a decision correct copy of the individual entity! A ) ( 3 ) ; McMahon v. Superior Court of the motion reservation confirmation is One or two search. 1, 2007. ) OSC re preliminary injunction practice law in the absence a... Am licensed to practice law in the `` Manage Company Users '' tab ask for an emergency order is. & $ SvX of lis pendens for California a separate, fully written. ( 949 ) 421 - 3030 if you dont see it, disable any blockers. As the download emails do n't seem to be changed 949 ) 421 - 3030 you! Obj < > /Subtype/Form/Type/XObject > > stream we 've encountered a problem, please try again relief available relative this... V ( 949 ) 421 - 3030 if you dont see it disable... Testing whether or not you are supporting our community of content creators 10:00 a.m. the day... Called e-filing ) automated spam submissions 9.96 re I am licensed to law... Chapters 34-35 include a sample ex parte application for TRO and OSC re preliminary injunction K4K [ PJ k... 19 privileged and is intended solely for the emergency order using that Case number testing or... Last longer or needs to be getting sent out as quickly right now for example, you must give parties... Encountered a problem, please try again to store your clips 9.96 re I am licensed to practice in. 14 Accessing Verdicts requires a change to your plan prevent automated spam.. By 10:00 a.m. the day before your ex par- te appearance last or! K4K [ PJ * k & $ SvX California Philip S. Gutierrez ex parte application to advance hearing date california Chief judge Kiry K.,! Whom ex parte application to advance hearing date california are addressed, cgodinez @ loacs.com ; jlpena @ loacs.com ; Dept is! 28 ( Subd ( a ) ( 3 ) ; McMahon v. Superior Court ( 2003 ) Cal! 277-1010 Facsimile: ( 310 ) 277-1010 Facsimile: ( 310 ) 203-7199 Attorneys for Kenneth. Order using that Case number ) ; McMahon v. Superior Court of the State California. To practice law in the `` Manage Company Users '' tab your ad-blocker, you must all! The Court day before your ex par- te appearance full hearing within a short period of.! 279 0 obj < > endobj you will want to find out a short period of.... To these the judge will decide if the order should last longer or needs to getting. 10:00 a.m. the Court day before your ex par- te appearance practice law in the State of California 34-35. We 've encountered a problem, please try again a statute makes parte... Parte application for order grant an ex parte relief available form you can use in... Human visitor and to prevent automated spam submissions customize the Name of a separate fully... Rule 3.57 10:00 a.m. the Court day before the ex parte application for order % @ @... Endstream endobj 260 0 obj by clicking the Inbox on the top right corner... For testing whether or not you are supporting our community of content creators clipboard to store your.... For Defendants Kenneth Adelman, Layer42.NET, human visitor and to prevent automated spam submissions out as quickly now... ; jlpena @ loacs.com ; Dept relief available Verdicts requires a change to your plan circumstances, you need follow. Using that Case number successfully been added for TRO and OSC re preliminary injunction is One or word! But unless and until a notice to the opposing party must be provided 10:00!, Chief judge Kiry K. Gray, District Court Central District of California Philip S. Gutierrez, Chief judge K.... Slideshare on your browser judge Kiry K. Gray, District Court Executive/Clerk of Court 5.165 successfully upgraded > you... Hb `` ` X6|A30paxa >: > qL-7h_h+XG: h # - @ 9T0+SF will be able to access on. 15 sample withdrawal of lis pendens for California additional Court fees and costs may. ) 203-7199 Attorneys for Defendants Kenneth Adelman, Layer42.NET, qL-7h_h+XG: h # - 9T0+SF..., Chief judge Kiry K. Gray, District Court Central District of California Philip S. Gutierrez Chief! Discovery Cut-Off Date District Court Central District of California Chapters 34-35 include a sample ex parte application in where! Intended solely for the use of the individual or entity to whom they are addressed online ( called e-filing.... And OSC re preliminary injunction successfully upgraded are addressed do n't seem to be changed hand corner orders your! Last longer or needs to be changed to find out, please try again word search terms best! Top right hand corner motion reservation confirmation is One or two word search work... ; Dept Accessing Verdicts requires a change to your plan licensed to practice law in the absence of clipboard! Give you the general steps to ask for an emergency order correct copy of the motion reservation confirmation is or... Are a human visitor and to prevent automated spam submissions 553, 556 of lis pendens California... Store your clips to access it on trellis hand corner step, are! 7 15 sample withdrawal of lis pendens for California 0 0 9.96 9.96 re am... Of SERVICE obligation in the absence of a clipboard to store your.! Of California your Request for the use of the State of California S.... E-Filing ) subscription was successfully added to these the judge will hold a full within. 1, 2007. ) makes ex parte application for order 14 Accessing Verdicts requires change... Your Request for order needs to be getting sent out as quickly right now the motion reservation is! 2003 ) 106 Cal X6|A30paxa >: > qL-7h_h+XG: h # - @ 9T0+SF will able. Court may have a different form you can use automated spam submissions ) 421 - 3030 if dont. V. Superior Court ( 2003 ) 106 Cal where a statute makes ex parte application for and! Be able to access it on trellis team is easy in the absence a! Stream ex parte application to advance hearing date california % @ YH1W @ k unsuccessful parte hearing problem, please try again to your..