What is a Motion for Extension of Time to File Responsive Pleading?

The court is authorized to extend the deadline for “an act to be done.” Code of Civ. Proc., § 1054. The court may only extend the deadline by 30 days unless the other party consents to a longer period. Code Civ. Proc. § 1054(b).

“[I]t is well settled that orders of extension granted pursuant to... [Code of Civil Procedure] section 1054 must be made during the period of time within which the act may be done, that is, while the right is still alive; and, if made after the expiration of such period, the orders are void and confer no legal authority for the doing of the act.” Coast Electric Service v. Jensen (1931) 111 Cal.App. 124, 126; Start v. Heinzerling (1915) 27 Cal.App. 145, 148.

An application for an order extending the time within which an act is required to be done must be heard and determined by the judge before whom the matter is pending. Calif. Rules of Court, rule 2.20.

An extension of time to file a responsive pleading may also be granted under Code of Civil Procedure, section 430.41. This section requires that before filing a demurrer, “[t]he parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.” Code of Civ. Proc., § 430.41(a)(2).

Useful Rulings on Motion for Extension of Time to File Responsive Pleading

Recent Rulings on Motion for Extension of Time to File Responsive Pleading

1-25 of 10000 results

PRICE VS THE CITY OF ANAHEIM

Plaintiffs contend they are subject to the following interim harm: (1) the requirement that by 10/10/16 they submit a time consuming and burdensome new application, which applications may be denied for any number of new and trivial reasons; (2) the risk of Notices of Violation ("NOV") that can also be used to revoke a STR permit for minor violations, all of which can be criminally prosecuted and punished; (3) the loss of goodwill and damage to relations with renters, fewer bookings, and the potential need to

  • Hearing

    Sep 29, 2030

SOUTHERN CALIFORNIA EDISON COMPANY VS. SANTA ANA RV STORAGE, L.P.

At the conclusion of oral argument relating to that issue, the Court allowed the parties the opportunity to brief two additional questions: (1) whether under the terms of the lease Defendant SARVS is entitled to be compensated for the potential loss of goodwill under Section 13.2(f), and (2) whether the calculation of the fair market value of the 2.9 acres in question should take into consideration the existence of the SCE-SARVS lease pertaining to that property.

  • Hearing

    Apr 25, 2026

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

The motion is MOOT as to Issue 2, which seeks adjudication of the Third Cause of Action, which Plaintiffs dismissed as to Count 1, under the General Contract. [ROA 2604.] Plaintiffs T-12 and HRG (only) are granted leave to file a Second Amended Complaint on or before May 15, 2019, limited to adding contract claims against the subcontractors arising from the subcontracts based on a theory of third-party beneficiary.

  • Hearing

    Apr 25, 2026

THE CITIES OF DUARTE VS STATE WATER RESOURCES CONTROL BOARD AND CITY OF GARDENA VS REGIONAL WATER QUALITY CONTROL BOARD

CAS004001, as amended on June 16, 2015 by State Board Order WQ 2015-0075, which is remanded to you for reconsideration in light of the Decision of this Court dated April 18, 2019. Nothing herein shall limit or control in any way the discretion legally vested in you. YOU ARE FURTHER COMMANDED to file with this Court a return to this writ on or before (90 plus 30 days as per Respondents’ request) stating what you have done to comply.

  • Hearing

    Jun 20, 2021

VELAZQUEZ VS KIA MOTORS AMERICA INC.

Plaintiff Francisco Velazquez’s Motion to Appear Pro Hac Vice as to Kim D. Stephens, Gregory F. Coleman, Paul C. Peel, Jason T. Dennett and Adam A. Edwards The pro hac vice applications of Adam A. Edwards, Gregory Coleman, Jason T. Dennett, Kim D. Stephens, and Paul C. Peel do not address whether the applicants are: (1) regularly employed in the State of California or (2) regularly engaged in substantial business, professional, or other activities in the State of California. CRC, Rule 9.40(a)(2) and (3).

  • Hearing

    Jun 20, 2021

MALIN VS AMBRY GENETICS CORPORATION

Continued to 7-19-2019

  • Hearing

    Jun 20, 2021

OSCAR ESCOBEDO, ET AL. VS EMANATE HEALTH MEDICAL CENTER , ET AL.

The Court made the following order on 9-18-20:AFTER REVIEW OF THE COURT FILE, THE COURT MAKES THE FOLLOWING ORDER: Department 28 of the Personal Injury Court has determined that the above entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented. AT THE DIRECTION OF DEPARTMENT 1: This case is hereby transferred and reassigned to the following Independent Calendar Court in THE EAST DISTRICT, JUDGE GLORIA QHITE-BROWN presiding in DEPT.

  • Hearing

    Nov 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

CATHAY BANK VS ACE HARDWARE CORPORATION

In that time period, Defendant Ace paid Smith Barnett its invoices for the racking material. (See Declaration of Bruce Poltrock ¶ 6.) Mr. Christou spoke with Ms. Dadbin again on December 3, where he told her that Defendant Ace’s account had been changed to Smith Barnett but failed to mention that Defendant Ace was making payments to Smith Barnett. (Dadbin Decl., ¶¶ 17-20.) In opposition, Defendant Ace offers the declaration of Paul Laurin, who attended the depositions of Mr. Christou, Mr.

  • Hearing

    Nov 06, 2020

CHANGLIANG DAI VS THOMAS CHEN, ET AL.

On September 5, 2019, Plaintiff filed a complaint, asserting causes of action against Chen, Tissuesco and Does 1-10 for: Breach of Contract Breach of Fiduciary Duty On October 23, 2019, Chen’s default was entered. On September 1, 2020, Tissuesco’s default was entered. A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for November 2, 2020. Discussion Plaintiff Changliang Dai’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Nov 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

MANUEL ALEJANDRE VS CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION

Defendants contend that terminating sanctions are appropriate based on the length of time from the initial request, the multiple voluntary extensions granted by Defendants, all of the Interrogatories remain unanswered, and the disobedience of the court’s previous order compelling responses to discovery. The court should not issue terminating sanctions if there appears to be any justifiable reason, explanation, or excuse for non-compliance with the court’s discovery order.

  • Hearing

    Oct 28, 2020

IN THE MATTER OF ROBERT A. MATTHEWS

Notice of the Conservatee's Death was filed by Conservator on 6/17/20. Status Report Hearing shall go off calendar. The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible. A very limited number of people will be allowed in Department J6 at one time to comply with safety protocols.

  • Hearing

    Oct 20, 2020

  • Type

    Family Law

  • Sub Type

    Conservatorship

ANGELA WATSON VS GILBERT A. CABOT

Additionally, pursuant to Code Civ. Proc. § 435.5(b) “[a] party moving to strike a pleading that has been amended after a motion to strike an earlier version of the pleading was granted shall not move to strike any portion of the pleadings on grounds that could have been raised by a motion to strike as to the earlier version of the pleading.” Here, the attorney’s fees request was included in the SAC, but Defendants did not move to strike such request.

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JINGXUAN ZHANG VS HUMMINGBIRD NEST ENTERTAINMENT CORP

Labor Code §§ 510 and 1194 Failure to Provide Accurate Wage Statements—Cal. Labor Code § 226 Failure to Reimburse for Reasonable Business Expenses—Cal. Labor Code § 2802 Waiting Time Penalties—Cal. Labor Code §§ 201-203 On August 20, 2018, Plaintiff filed an Amendment to Complaint, wherein Yiping Ye (“Ye”) was substituted in for Doe 1. On March 18, 2019, Hummingbird’s answer was stricken. On March 27, 2019, Hummingbird’s default was entered.

  • Hearing

    Oct 19, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

PNC EQUIPMENT FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS SANTIAGO MENDOZA MUNIZ, AN INDIVIDUAL

In the event Plaintiff recovers the Equipment, Plaintiff shall sell the Equipment in a commercially reasonable manner and file a partial satisfaction of judgment in the amount of the net proceeds form the sale.” The Judicial Council Form CIV-100 (“Request for Entry of Default (Application to Enter default)”) reflects that a court judgment in the amount of $123,186.97 is to be entered against Muniz, Dragon and Zhang.

  • Hearing

    Oct 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHUAN JUN LI VS QI ZHAO

Plaintiff has not provided the court with any of these written notices or the dates on which any of these complaints were made. Plaintiff has not provided the court with any documentary evidence of the habitability issues. Plaintiff references, but fails to attach, a complaint he filed with the Health Department. (Id., ¶15.) Plaintiff is requested to provide same. Plaintiff is also requested to provide a copy of the dismissal of the unlawful detainer lawsuit. ANALYSIS Yes (11/14/19) Default Entered.

  • Hearing

    Oct 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ARMEN G KOJIKIAN ET AL VS AMERICAN HONDA MOTOR CO INC

Attorney Fees and Costs The Court declines ruling on all the request for attorney’s fees and costs at this time as based on the denial of the motion for Final Approval due to the parties’ failure to obtain preliminary approval of the addendum to the settlement. Incentive Award The Court declines ruling on all the request for incentive awards at this time as based on the denial of the motion for Final Approval due to the parties’ failure to obtain preliminary approval of the addendum to the settlement.

  • Hearing

    Oct 15, 2020

(NO CASE NAME AVAILABLE)

The court requests that Nick Hung explain his statement made in Paragraph 16 of his declaration (i.e., “Security Deposit Accounting has been applied to rent due from the date after vacate and through end of the Lease term. No portion remains”) and provide such accounting. ANALYSIS Yes (12/5/19) Default Entered. (JC Form CIV-100.)

  • Hearing

    Oct 14, 2020

BELINDA AGUILAR, ET AL. VS TG PROPERTIES LLC

AFTER REVIEW OF THE FILE, THE COURT MAKES THE FOLLOWING ORDER: Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented. At the direction of Department 1, this case is hereby ordered reassigned and transferred to the South Central District, Compton, the Honorable Maurice Leiter, Judge presiding in Department A, for all purposes except trial.

  • Hearing

    Oct 13, 2020

RE: ORDER TO SHOW CAUSE (ACCOUNTING SET BY D14 ON 1/15/20

Proposed Order PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Unable to review. Vol. 2 of court file is unavailable at this time. PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Verified declaration by petitioner to state names, current addresses and relationships of all persons entitled to receive notice so court can confirm mailing. LR 7.112 2.

  • Hearing

    Oct 07, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR FINAL DISTRIBUTION AND FOR STLMT OF FIRST AND FINAL ACCT FILED ON 05/13/20 BY BABARA WAGNER

File a verified declaration to state names, current addresses and relationships of all persons entitled to receive notice. LR 7.112 4. File a verified declaration to clarify whether notice is needed or required to Veterans Administration, Director of State Hospitals and Director of Developmental Services 5. Have a Judicial Council Form Notice of Hearing and copy of petition mailed to all persons entitled to receive notice and file a Proof of Service with court. 6.

  • Hearing

    Oct 07, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: FIRST AMENDED PET’N FOR APPROVAL OF ACCOUNTING (MADISON)

Have a Judicial Council Form Notice of Hearing and copy of petition mailed to all persons entitled to receive notice and file a Proof of Service with court. 5. File original financial account statement(s) as required by PrC § 2620(c) (2), (3) for LPL account at end of account period 6. File a statement regarding bond per LR 7.111(b). 7. File a Corrected Inventory & Appraisal to correct page 1. Values reported at page 1 of Inventory & Appraisal filed 12-24-19 differ than those listed in Attachment 1. 8.

  • Hearing

    Oct 07, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

(NO CASE NAME AVAILABLE)

Tang is requested to provide the court with an explanation regarding how the amounts sought were calculated and whether or not they pertain to 16010 Phoenix Drive, City of Industry, CA, 91745 only or to the entirety of the property identified in the lease agreement. ANALYSIS Yes (11/22/19) Default Entered. (JC Form CIV-100.)

  • Hearing

    Oct 07, 2020

ESTATE OF DOUGLAS S ROBINSON

HARRY SCHADEK LIZA A AVEDIKIAN THE OTTO ANDMARIE S WEGNER TRU PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE William Thomas, son, still must do the following: 1. File Proof of Publication. PrC § 8120 2. Have a Notice of Petition to Administer Estate Form DE-121 and copy of petition mailed to all persons entitled to receive notice and file a Proof of Service with court. PrC § 8100; LR 7.151(e) 3.

  • Hearing

    Oct 06, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: TRAILING: ELIZ ROSNER'S CREDITORS CLAIM SET BY DEPT.30

PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances to report status of settlement PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances to report status, including 7-21-2020 order to meet and confer 2. Proposed Order Notes: 1. Objection filed by Linda Fuentes Rosner 3-9-20. 2. Per 7-21-2020 minute order, court ordered parties to meet and confer, discuss standing and file a report. 3.

  • Hearing

    Oct 06, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: FIRST AND FNL RPT ON WVR OF ACCT, FOR COMPENSATION, FINAL DIST

Verified declaration by petitioner to state names, current addresses and relationships of all persons entitled to receive notice so court can confirm mailing. LR 7.112 2. Verified declaration by petitioner to clarify statement ¶ 19 that Franchise Tax Board filed a Creditor’s Claim. It appears no claim was filed. 3. Verified declaration by petitioner to specify plan of distribution, including approximate amount of cash to be distributed to each beneficiary. LR 7.301 4.

  • Hearing

    Oct 06, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

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