Set Aside Motion Denial

Summary

Judges in California can deny set aside motions due to lack of compelling reason, insufficient evidence, or noncompliance with court rules. Noncompliance includes failure to provide necessary documents, not following procedural rules, disobeying court orders, or not appearing for scheduled dates. Service deadlines account for holidays, and failing to meet these deadlines could be seen as noncompliance. Judges have discretion and may consider factors like lack of knowledge about rules.

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I filed a set aside motion for a dvro. The set aside hearing was unsuccessful but i filed again as an ex parte but it said the emergency was denied but there is a hearing pending. Does the judge have to hear it or can he decline both
In California, a judge has the discretion to hear or decline a motion. However, if there is a hearing scheduled, it is likely that the judge will hear it unless there's a reason to cancel, like non-compliance with court rules.
What would be noncompliance
Noncompliance with court rules can include:
- Failure to provide necessary documents or evidence
- Not following procedural rules, like filing deadlines
- Disobeying a court order or directive
- Not appearing for a scheduled court date.
Would a late service be considered for that. I didn't know that holidays are considered in service deadlines.
In California, service deadlines do account for holidays. Failing to adhere to these deadlines could potentially be seen as noncompliance. However, judges have discretion and may consider factors like your lack of knowledge about the rule.
Cause without the holidays it would of been considered valid
In California, if a service deadline would have been met without considering holidays, the judge may take this into account. However, it ultimately depends on the judge's discretion. It's essential to familiarize yourself with all court rules to avoid any such issues in the future.