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Ken DOE1 XXX XXX SXXX & XXX LLP XYZ XYZ XYZ XYZ kDOE1@DOE1law.com Attorney for Respondent JOHN DOE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XYZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

JANE DOE, an individual, Petitioner, vs. JOHN DOE, an individual, Respondent

Case No.: X999999 NOTICE FOR EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND SUPPORTING DECLARATIONS OF JOHN DOE; [PROPOSED] ORDER MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION RE: ADVANCED NOTICE; AND ORDER TO SHOW CAUSE, SUPPORTING DECLARATION OF JOHN DOE Date Time Dept Judge : March 5, 2010 : 8:30 am : 33 :

TO PETITIONER AND HER ATTORNEY OF RECORD

NOTICE IS HEREBY GIVEN THAT on March 5, 2010 at 8:30am , in Department 33 in the Hall of Justice Courthouse, Ventura Courthouse, located at 800 South Victoria Blvd, Ventura, California, Attorney for

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Respondent, JOHN DOE, will be applying for an Order to shorten Time to hear ORDER TO SHOW CAUSE FOR CHILD CUSTODY, CHILD VISITATION, ATTORNEY FEES, SPOUSAL SUPPORT AND INJUNCTIVE ORDERS. In support of this application, I can state the following based upon personal knowledge and through the attached declarations of John Doe. Attached to this application is a copy the Order to Show Cause which can be filed and served upon Petitioner immediately upon the granting of this Order. The delay in hearing this matter after the normal time for service of the above-described papers would cause a substantial hardship to Respondent because Petitioner has obtained Ex-Parte Temporary Orders on February 22, 2010, in which Petitioner has been stripped of his ability to access his business and money, along with Petitioner obtaining Orders which have frozen Bank Accounts that are critical to the functioning of the community business, including paying payroll, vendors and building lease. Defendant is unable to obtain an earlier date from the Court, other than the middle of June 2010, in which to hear this Motion as Mediation is required for this Motion to be heard. This application is further based on the Courts inherent equitable powers. This application is made on the grounds that Petitioner has made statements to the Court in support of her obtaining the Temporary Order that do not comport to any reasonable expectation of the truth. This motion will be based on this Application, the declarations of John Doe and Ken DOE1 attached hereto, Memorandum of points and authorities served and filed herewith, [Proposed] Order and the Order to Show Cause,

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supporting declaration of JOHN DOE and on such oral and documentary evidence as may be presented at the hearing on this Motion.

Counsel for Respondent has notified Petitioners Counsel, Ms. ABC, by telephone at the phone number listed on the State Bar of California Bar, Attorney Listing Website ((999) 999-0999), and spoke to her assistant Mr. DCD at 8:55am on March 2, 2010. I informed him of this Ex Parte Hearing for an Order Shortening Time to be held in Department 33 at 8:30am on March 5, 2010. I further transmitted via facsimile a copy of this notice along with moving papers to Counsel at (866) 9999-5999, the fax number State Bar of California Bar, Attorney Listing Website.

Dated this 2nd day of March, 2010 at Simi Valley California

By: Ken DOE1 Attorney for Respondent

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Ken DOE1 XXXXXX SXXX & XXX LLP XYZ XYZ XYZ FAX 999-999-9999 kDOE1@DOE1law.com Attorney for Respondent JOHN DOE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XYZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

JANE DOE, an individual, Petitioner, vs. JOHN DOE, an individual, Respondent

Case No.: X999999

APPLICATION FOR ORDER SHORTENING TIME

Date Time Dept Judge

: March 5, 2010 : 8:30 am : 33 :

I, Ken DOE1, declare as follows;


1)

I am the attorney retained for Respondent John Doe in this action, who has been substituted in from previous counsel on March 1, 2010. I am an attorney registered to practice in the State of California.

2)

I am the new counsel for the Respondent, and previous counsel has not submitted any responses to Petitioners Order to Show Cause and had not prepared any Orders to Show Cause to protect Respondents

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access to his children and his business. I am requesting an Order shortening time in order to promote judicial economy and to protect Respondents rights and to raise issues that should have been presented to the Court during the Ex Parte Hearing held on February 22, 2010. 3) I have prepared an Order to Show Cause for child custody, visitation, support and injunctive orders and have attached it herewith, and I am seeking the Courts permission to reduce the time for service of this Order. It is necessary that time for service of the Order to Show Cause for child custody, child visitation, attorney fees, spousal support and injunctive orders, (said Order to Show Cause filed herewith), be shortened so that this matter may be heard on March 21, 2010, which is the date that the Court is set to hear oral arguments on the remaining issues on Petitioners Order to Show Cause. 5) It is in the interest of judicial economy to hear these related actions together and to set custody, visitation and support orders in a single hearing. It is also in the best interests of this Court to be able to have properly prepared arguments on issues raised Petitioner in their Order to Show Cause, said arguments not being presented in the Ex Parte Hearing of February 22, 2010.

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7) Respondent, due to Court Rules, is unable to file an Order to Show Cause regarding custody or visitation of his children for at least 3 months according to the filing clerk for family law, as mediation is required and the first available mediation appointment is in the middle of June. This Court has already made Temporary Orders regarding custody and visitation solely based upon the Declaration of Petitioner, said Declaration wrought with errors and misstatements of facts. 8) There are also economic consequences of not hearing Respondents Order to Show Cause to the family business within this time frame. Currently, Respondent has been barred from the business, which is his only source of income, and Petitioner has demonstrated that her inability to conduct the family business in a profitable manner is lacking. 9) I have given proper notice to Petitioners attorney as stated in my declaration.

Dated : _______________ Law Offices of Ken DOE1 _________________________ Attorney for Respondent

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Ken DOE1 XXXXXX SXXX & XXX LLP XYZ XYZ XYZ FAX 999-999-9999 kDOE1@DOE1law.com Attorney for Respondent JOHN DOE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XYZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

JANE DOE, an individual, Petitioner, vs. JOHN DOE, an individual, Respondent

Case No.: X999999

[PROPOSED] ORDER,

Date Time Dept Judge

: : : :

March 5, 2010 8:30 am 33 0

Having read and considered the application requesting an order shortening time for a hearing on Respondents Order to Show Cause and good cause appearing therefore, IT IS SO ORDERED THAT 1. The application is granted. 2. The hearing on Respondents Order to Show Cause shall take place in Department 33 on March 21, 2010 at 8:30 am.

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3. The time for service of the Respondents Order to Show Cause is shortened. Service of this order and the motion, including the supporting documents shall be accomplished by personal service or facsimile transmission no later than ____________ at __________. 4. All papers opposing the motion must be filed and served by facsimile transmission no later than _______________ at __________. Immediately below the date time and place of the hearing, the opposition papers must include the following notation: OPPOSITION FILED ON ______________ PURSUANT TO EX PARTE O.S.T ISSUED ON ___________ (date of order shortening time) 5. Any reply papers must be filed and served by facsimile transmission no later than _______________ at _____________. 6. Proof of service of the motion and this order must be filed no later than _______________ at _________. Dated : ____________________ ________________________ 0 Judge Superior Court

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MEMORANDUM OF POINTS AND AUTHORITIES STATEMENT OF FACTS

The Respondent has a meritorious defense to the actions taken on February 22, 2010, in that he did not get notice due to the circumstances of service. Respondent was not informed of the Ex Parte Action of February 22, 2010, whereby he lost access to his business, which is only means of income, and has lost access to see his Children, very drastic consequences when Respondent did not have the opportunity to defend himself or to counter the arguments made by the Petitioner. Respondent is attempting to be heard on issues that are necessary to be before this Court but his only avenue is to file his own Order to Show Cause, which would not be heard until the middle of June, due to Court Rules regarding mediation. I. COURT HAS JURISDICTION This Court has the jurisdiction to rule on this Ex Parte Application along with the accompanying Order to Show Cause. Ventura County Rules of Court 15.01 states that an application for an ex parte order shall be presented to the judge to whom the matter is assigned.

Venue is not being objected to by the Respondent and Respondent is not challenging the jurisdiction of this court II.

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COURT HAS POWER TO ALLOW FOR A SHORTER AMOUNT OF TIME TO REPLY TO A MOTION A hearing date on an OSC "must be selected to comply with the CCP 1005(b) minimum notice period . . ., absent an order shortening time." (Hogoboom & King, Cal. Practice Guide: Family Law, supra, 17:367, p. 17-90 (rev. #1, 2005).) An order shortening time may be requested when filing the OSC. "The request should be made on the appropriate application form . . ., setting forth evidentiary facts why a shorter notice period is necessary." (Id., 5:349, p. 5-133 (rev. # 1, 2005), as cited in In re Marriage of Seagondollar, 139 Cal. App. 4th 1116, 43 Cal.Rptr.3d 575 (Cal. App., 2006) . Rule 3.1300 of the California Rules of Court, states the time filing and service of motion papers shall be in accordance with the California Code of Civil Procedure section 1005. The Court does, under subsection (b) of the same Rule, have power on its own motion or on application for an order shortening time supported by a declaration showing good cause, to prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005. Respondent seeks for the Court to exercise its powers and reduce the amount of time for service of Respondents Order to Show Cause, so that Respondents Order can be heard at the same time of Petitioners Order to Show Cause on March 21, 2010. It is in the best interest of justice to have both Orders heard at the

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same time. The matters are closely intertwined and the Respondent would have to wait until the middle of June to be heard elsewise. It is also shown in the attached declarations that Respondents business has been taken from him based on improper grounds and without any opportunity to be heard on the issues. Immediacy of hearing this issue of his removal his family and from his only source of income must be heard sooner rather than later. As previously stated, Petitioners OSC, which caused

Respondents loss of business access, is scheduled to be heard on March 21, 2010, and Respondent is asking for the same date so that his OSC can be heard. III. PETITIONER WILL NOT BE PREJUDICED BY THE GRANTING OF THE ORDER SHORTENING TIME Though the Courts not do have a definitive listing of criterion on which to base whether a Motion for an Order Shortening Time should be granted, at least one case parallels issues in this current matter. In the Farrar, the Plaintiff already had papers for a Motion already pending before the court and when the Defendant wanted to shorten the time for response to a 583(a) Motion, the Court did not find that the trial court abused their discretion in granting the Motion for Shortening Time based upon the previously filed Motion. Here, plaintiff already had such a motion on file, so that he was unaffected by the shortened notice of defendant's motion; he suffered no

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prejudice thereby." (Farrar v. McCormick, 102 Cal.Rptr. 190, 25 Cal.App.3d 701, 705 (Cal. App. 2 Dist., 1972). To use the same precepts, Petitioner already has their Motion scheduled for March 21, 2010, and by granting this Motion, Petitioner will have more than 15 days to prepare any opposition to Respondents Motion, which is primarily based upon refuting Petitioners claims introduced in Petitioners Motion. Respondent demonstrates that Petitioner will not be prejudiced by the granting of this Motion to shorten time. IV. CONCLUSION Based upon the foregoing analysis of the current law and updated Rules of Court, Respondent respectfully requests that the Court grant this Order to Shorten Time and hear Respondents Order to Show Cause at the same time of Petitioners Order to Show Cause, March 21, 2010.

Dated : _______________

Law Offices of Ken DOE1

_________________________ Attorney for Respondent

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