0. ATTORNEY VALIDATION CERTIFICATE

I, [Attorney Name], certify that I am admitted to practice before the Superior Court of California in this matter; that I reviewed Cal. Code Civ. Proc. §§ 1054–1054.1, relevant California Rules of Court, and the applicable county local rules on [REVIEW_DATE]; that all factual statements in this motion are true and correct based on the case record; that notice requirements have been satisfied or will be satisfied as stated herein; and that I approve this motion for filing on behalf of [Client Name].

Signature: _____ Date: ___

Printed Name: _____ Bar No.: ____

MOTION FOR EXTENSION OF TIME

(Superior Court of California, County of [COUNTY_NAME], [COURTHOUSE_BRANCH])

1. CAPTION

text
SUPERIOR COURT OF CALIFORNIA
COUNTY OF [COUNTY_NAME]
[COURTHOUSE_BRANCH]

[PLAINTIFF_NAME], Case No. [CASE_NUMBER]
Plaintiff, Dept.: [DEPT]
Judge: Hon. [JUDGE_NAME]
vs.

[DEFENDANT_NAME],
Defendant.

2. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [HEARING_DATE] at [HEARING_TIME] in Department [DEPT] of the above-entitled Court, located at [COURTHOUSE_ADDRESS], [Movant] will, and hereby does, move for an order extending the deadline for [describe act] from [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE], pursuant to Code of Civil Procedure sections 1054 and 1054.1, California Rules of Court 3.1200 et seq., and any applicable local rules.

3. INTRODUCTION

Good cause exists for the requested extension. [Movant] received [describe triggering event, e.g., "2,800 pages of supplemental medical records"] on [DATE] that materially affect the pending deadline of [CURRENT_DEADLINE]. Despite diligent efforts, counsel requires additional time to analyze the materials, coordinate with experts, and complete the required filing. The requested relief is narrowly tailored, sought in good faith, and will not prejudice any party or alter the currently set trial date of [TRIAL_DATE].

4. MEMORANDUM OF POINTS AND AUTHORITIES

A. Statement of Facts

1. On [ORDER_DATE], the Court set [describe deadline] for [Movant].
2. Since that time, [Movant] diligently pursued the case schedule, including [FACT_DETAILS such as "reviewing 1.2 terabytes of native-format ESI," "conducting six depositions," or "meeting twice with retained experts"].
3. On [TRIGGER_DATE], [describe specific event such as "Plaintiff produced 3,400 pages of medical records" or "a critical witness became unavailable due to deployment"].
4. Counsel promptly informed [Opposing Counsel] on [CONFERRAL_DATE] and requested a stipulation; [Opposing Party] [stipulated / did not oppose / opposed] but raised the following concerns: [OPPOSING_CONCERNS].
5. [Movant] proposes mitigation measures—including [MITIGATION_MEASURES such as "producing supplemental discovery within seven days" or "making the witness available for a continued deposition"]—to ensure no prejudice accrues.

B. Legal Standard

1. Code of Civil Procedure § 1054 authorizes the Court, for good cause shown, to extend time for any act required in its proceedings.
2. Code of Civil Procedure § 1054.1 requires that such motions be supported by a declaration showing diligence and that the request is made before the existing deadline expires unless excusable neglect is demonstrated.
3. California Rules of Court 3.1202(c) and 3.1300(b) direct the moving party to explain why the relief is necessary, describe meet-and-confer efforts, and provide notice to opposing counsel.
4. Courts prefer to decide matters on their merits where a brief continuance causes no prejudice. See Oliveros v. County of Los Angeles, 120 Cal. App. 4th 1389, 1395 (2004).

C. Argument

1. Good Cause Exists Under Code of Civil Procedure § 1054. [Movant] encountered material developments outside its control. For example, [detailed narrative describing newly produced evidence, third-party compliance delays, or expert scheduling conflicts]. This new information must be assessed to ensure any forthcoming filing is accurate and complete.
2. [Movant] Acted with Diligence. From the outset, [Movant] complied with the Court’s scheduling order by [list efforts: "serving discovery within two days," "filing a timely responsive pleading," "coordinating expert availability"]. Upon learning of the triggering event on [TRIGGER_DATE], counsel immediately [actions such as "retained a supplemental expert" or "noticed third-party depositions"] and contacted opposing counsel before seeking court intervention.
3. The Requested Extension Will Not Prejudice Opposing Parties. The relief sought maintains the current trial date of [TRIAL_DATE] and preserves interim deadlines to the extent feasible. [Movant] commits to [MITIGATION_MEASURES] to offset any minimal delay. Opposing parties will benefit from the additional time, which allows for full consideration of the newly surfaced information and promotes a decision on the merits.

D. Sample Good Cause Narrative (Tailor Before Filing)

On March 12, 2024, Defendant received 3,400 pages of supplemental medical records from a third-party provider responsive to a subpoena served months earlier. The records identified new treatment providers and diagnostic imaging that had not been disclosed. Defendant immediately retained a neurology expert, who was first available to review the records on April 5, 2024, and scheduled an independent medical examination for May 2, 2024—the earliest date both the physician and Plaintiff were available. Without a brief extension of the expert disclosure deadline from May 15 to June 12, 2024, Defendant cannot provide a complete expert report addressing the newly disclosed injuries. Defendant requested Plaintiff’s stipulation on March 18, 2024; Plaintiff declined but identified no prejudice beyond a preference to keep the existing deadline.

E. Proposed Mitigation Plan

1. Maintain the existing trial date of [TRIAL_DATE].
2. Produce all outstanding discovery responses by [COMMITMENT_DATE].
3. Offer a supplemental deposition of [WITNESS_NAME] on [DATE_RANGE] at [LOCATION] to address new subject matter.
4. Provide interim status updates to the Court or schedule a case management conference if requested.

5. REQUEST FOR RELIEF

[Movant] respectfully requests that the Court extend the deadline for [describe act] to [PROPOSED_NEW_DEADLINE], adjust any related dates as necessary, and grant such other relief as the Court deems just and proper.

6. [PROPOSED] ORDER (ATTACHMENT)

text
SUPERIOR COURT OF CALIFORNIA
COUNTY OF [COUNTY_NAME]
Case No. [CASE_NUMBER]

[PLAINTIFF_NAME],
Plaintiff,

vs.

[DEFENDANT_NAME],
Defendant.

[PROPOSED] ORDER GRANTING MOTION FOR EXTENSION OF TIME

Having reviewed the Motion for Extension of Time filed by [Movant], the supporting declaration(s), and the record in this matter, and good cause appearing, the Court ORDERS as follows:

1. The deadline for [describe act] is extended to [PROPOSED_NEW_DEADLINE].
2. The following related deadlines are modified: [LIST_ADJUSTMENTS].
3. All other dates remain as previously set unless further ordered.
4. [Optional] The parties shall submit a joint status update on or before [STATUS_UPDATE_DATE].

IT IS SO ORDERED.

Dated: ________

Hon. [JUDGE_NAME]
Judge of the Superior Court

7. SIGNATURE BLOCK

text
Dated: ________

[LAW_FIRM_NAME]
[STREET_ADDRESS]
[City], California [ZIP]
Telephone: [PHONE]
Email: [EMAIL]

By: ______
[ATTORNEY_NAME] (State Bar No. [BAR_NUMBER])
Attorneys for [MOVING_PARTY_NAME]

8. DECLARATION OF [DECLARANT_NAME]

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I, [DECLARANT_NAME], declare:
1. I am [title/role] for [Client Name]. I have personal knowledge of the facts stated herein and could competently testify to them if called as a witness.
2. On [ORDER_DATE], the Court set [describe deadline] for [Movant].
3. Since that time, [detail efforts undertaken, including dates of key actions]. True and correct copies of supporting correspondence and discovery materials are attached as Exhibits A–C.
4. On [TRIGGER_DATE], [describe event giving rise to the need for additional time].
5. I promptly notified [Opposing Counsel] on [CONFERRAL_DATE] via [method], requesting an extension. [Opposing Counsel] responded on [RESPONSE_DATE], indicating [state position]. Copies of the correspondence are attached as Exhibit D.
6. Granting the requested extension will not prejudice any party because [provide specific mitigation steps and timeline adjustments].
7. This request is made in good faith and not for purposes of delay.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [DECLARATION_DATE] at [CITY], California.

[DECLARANT_NAME]

9. EXHIBIT INDEX (OPTIONAL)

10. PROOF OF SERVICE

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PROOF OF SERVICE

I am employed in the County of [COUNTY_NAME], State of California. I am over the age of 18 and not a party to the within action. My business address is [FIRM_ADDRESS].

On [SERVICE_DATE], I served the foregoing MOTION FOR EXTENSION OF TIME on the interested parties in this action by the method(s) indicated below:

☐ By electronic service pursuant to Cal. R. Ct. 2.251: I caused the documents to be transmitted via the court-approved electronic filing service provider to the email addresses listed below.
☐ By overnight delivery pursuant to Code Civ. Proc. § 1013(c).
☐ By U.S. Mail pursuant to Code Civ. Proc. § 1013(a).
☐ By personal service pursuant to Code Civ. Proc. § 1011.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [SERVICE_DATE] at [CITY], California.

[PROOF_SIGNER_NAME]