PLEASE USE THE FOLLOWING EX PARTE FACT PATTERN:

Ex Parte Motion Fact Pattern

LITIGATION II

Ex Parte Motion

Go to the court website for any California Superior Court and look up the local rules regarding ex partemotions.Compose a short memorandum to an attorney explaining the procedures for your chosen county. PLEASE ALSO WRITE Notice Requirement, Proposed Order, Please provide CITATIONS.

You represent the PLAINTIFF. Trial is set in 20 days and you have just learned that your treating doctor, an expert Neurologist, must leave the country for six weeks to tend to his ailing mother in Europe. He has therefore become unavailable for trial. He treated your client for a rare neurological affliction following the incident. It is too late to file a properly noticed motion to continue the trial. You are asked by the Partner handling the case to give notice and prepare an Ex Parte Motion to continue the trial. Describe how you would give notice. Then compose the Ex Parte Motion.

The code governing this request is C.C.P. 128.5 which states 128. (a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.

You should not need to do any independent research.