Lacambra vs. Glass et al
8:45am - Dept. C-6 - Superior Court - Santa Ana, CA
I got a call late yesterday morning from Susan Angell, the attorney for two of my brothers and his wife. They are defendants in one of the cases that I filed entitled Lacambra vs. Glass that involves a partnership dispute. She informed me that she was filing “Ex Parte” papers and that the hearing was going to be the next morning. She was trying to get the judge to throw out the case because I had not responded to a Demurrer.
A Demurrer is a reply to Complaint that seeks, in effect, a dismissal before even answering a Complaint. It says that even if the facts stated were true, it has no basis in law or that it lacks evidence to prove a case. Under this premise, it is not enough to say that someone had injured you. Facts or evidence that show this must be included in the Complaint.
An Ex Parte (correctly pronounced ex par-tay) motion is generally done by one party in a lawsuit with very short notice. Most court motions require written notice to an opposing party in advance of a hearing. As a general rule, the other party is given ample time to respond, usually in opposition. Ex Parte is a latin phrase meaning for “one party” or to benefit one party. This is an exception to court rules and is used for special situations such as one that requires a “restraining order” or anything that compels another party to stop an action or a proceeding. In an Ex Parte Motion, most courts require one day’s notice to an opposing side. So it happens very quickly.
All I did was explain my situation. I pleaded “hardship” and explained to Judge Banks the exigent circumstances that I was under; that I was homeless and living in a car. In return, he extended the deadline on my reply by 10 days. I was already in hot water with him as I had recently failed to give notice to my opposition about a CMC (Case Management Conference). Needless to say, the outcome of the hearing left me very pleased. Up until yesterday afternoon I had no idea how I was going to get to the courthouse and had already accepted that I was going to lose by default. I checked my cash position and I was down to $1.26. To get to the courthouse and back, a bus pass costing $3.00 had to be purchased. Luckily, an old friend I met on the running trails, Frank, came by the library where I was spending much of my time studying. I hadn’t seen him for at least 6 months and he lent me $5.00.
It's a tough uphill slug but the fight goes on!
