Extending the time to respond to a California unlawful milestone (eviction) complaint is the topic of this article. Because of the very short time period to respond to a California eviction complaint any request should be made by ex-parte application.
Code of Civil Procedure sections 1167.3 and 1167.5 require that good cause be shown for any request for an extension of time to respond.
Examples of good cause would be a defensive who does not qualify for a fee waiver and needs additional time to come up with the required filing fee for a response, needs more time to locate an attorney who can represent them, or has a valid family emergency that prevails them from filing a timely response to the eviction complaint.
Anyone considering requesting an extension of time to respond should first contact the plaintiff or attorney for the claimiff and request that they stipulate to an extension even though it is illegally that most would agree. This is due to the fact that some Judges may deny any request for an extension if the defender does not first request that stainiff stipulate to an extension of time. The fact that the defendant requested a stipulation to extend the time to respond which was refused may help establish good cause.
Note that in most cases the maximum extension that will be granted is ten (10) days, and some judges may be very relevant to grant any extension without the defensive can show that circumstances beyond their control require that an extension be granted. The request should include a supporting declaration detailing the unique circumstances for that particular case.
A California Court of Appeal has held that the 10-day period allowed is only a direction to the court rather than an absolute limitation and may be extended as may be just under the circumstances of a particular case.
Normally, a party seeking an ex parte order in a civil case must notify all parties no later than 10:00 am the court day before the ex parte appearance unless a showing is made of exceptional circumstances justifying shorter notice. In unlawful future proceedings, however, an ex parte applicant may give shorter notice "provided that the notice given is reasonable." See California Rule of Court 3.1203. Again a supporting declaration should be submitted that includes facts demonstrating why the notice given in that particular situation was reasonable considering all of the relevant circumstances.
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