Slimy Lawyers

I'm currently going against some from a big law firm here in the OC. The jerks had the nerve late last Thursday to serve me, or my client, with an ex parte motion to dismiss. A "motion" is basically a request that is made to the court. There are usually a set of procedures for making a motion, and they cannot normally be bypassed without special permission. When you ask for special permission to bypass these procedures, you're making an ex parte application.

The basic problem with ex parte motions, which the courts generally recognize, is that they can be made at the drop of dime, and the opposing party has almost no time to make a well thought out or reasoned response. Add to this the fact that the opposing party has to literally drop everything he is doing to address the application, and you can understand why the courts require a party to have a pretty darn good reason for making an ex parte motion.

Well, as far as I'm concerned, the attorneys I am going up against don't have a good reason to make an ex parte motion, and I think they know it but are just trying to throw whatever they can against the wall to see if it will stick. Hopefully, what I've filed in opposition to this ex parte motion will be seriously considered by the judge and he will deny the other side's application to bypass the normal motion procedures. Then again, you never know what a judge is going to do. Blech!