When and how should an Ex Parte motion be filed?

[Jeffmal]

I am appearing Pro Per in a civil matter involving an auto tort in California. At the court ordered mediation, only the attorney for the insurance company attended - not an authorized representative of the insurance company with settlement authority. The Mediator sanctioned the insurance company and I advised the mediator of my desire to reschedule the mediation with the proper parties present. I have drafted a motion to compel attendance at a mediation and extend all deadlines related therto. However, if I give proper notice, the motion can not be set for hearing prior to a post mediation hearing. Would you advise filing an ex Parte motion?

If so, what is the process involved? Do I have any other responsibilities related to an ex parte motion? Also, should I draft the motin as an "Ex Parte motion to Compel..." or as an "Ex Parte application for order to compel attendance...".

Thanks for your help.

 

[I AM ALWAYS LIABLE]

If so, what is the process involved? Do I have any other responsibilities related to an ex parte motion? Also, should I draft the motin as an "Ex Parte motion to Compel..." or as an "Ex Parte application for order to compel attendance...".

My response:

I had to chuckle just a little bit at your post, and your open-ended question, "What is the process involved ?"

I realize this is important to you, and I don't mean to trivialize the situation or your needs. However, you have no idea what you're asking with such an open-ended question.

There are inumerable things you need to know, from Court Rules, to Statutes, to Points and Authorities to Declarations, to what constitutes proper Notice to opposing counsel, to the configuration of all the various pleadings you'll need, and the list goes on and on.

In short, you're asking for lessons in law, motion and procedure that takes weeks to teach and learn by my students. And, to top it all off, you want it via a Bulletin Board ?

I'm sorry, I wish I could help you, but you're asking for a Herculean task, and for free no less.

No, we'll answer a question or two, but I think you will agree that we can't put you through law school on a Bulletin Board.

Please, if the issue is that important to you, find out what a good Paralegal will charge you for writing the proper Motion, Declaration and Order.

Good luck to you.

IAAL