This will serve as an update of yesterday’s ex parte hearing to extend time to serve pleadings.
Initially, this motion was scheduled for Friday, March 29, before Yolo County Superior Court Judge Timothy Fall. Later the clerk informed that the entire Yolo County Superior Court had disqualified itself, and that the matter will be heard on April 1st at 1:30 pm by a visiting judge from a neighboring county.
Yesterday, prior to appearing before the visiting judge, I attempted to file the ex parte motion, but was told by the clerk that I need to pay the filing fee (which I did), but not yet file the motion itself because it contains a judge’s order, so the entire set can be filed only after the judge signs the papers.
Later, once the hearing started, the judge stated that he read the FAC and is familiar with many of the actors. The judge then stated that the ex parte motion is premature because I have 3 years to serve the summons and complaint. I told the court that I was aware of that rule, but my understanding is that Yolo County utilized “fast track” rules which requires service within 30 days.
The court then took a short recess to read the local rules, and it was confirmed that service must be completed within 30 days. The judge then read the ex parte motion, but concluded that because he is familiar with many of the actors, he would recuse himself — which he did.
Please note that no papers were filed. Once more information is available, an update will be provided.