YOUR NAME
Address
City, State, ZIP
Phone number

Your party designation, In Pro Per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

PLAINTIFF'S NAME,
	Plaintiff,
	vs.
DEFENDANT'S NAME,

	Defendant	)
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NOTICE OF MOTION AND MOTION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE AND TRIAL; POINTS AND AUTHORITIES; DECLARATION OF
YOUR NAME 

Date: Hearing date
Time: Hearing time 
Dept: 47
Judge: Judge

Date Action Filed: Date Complaint was Filed
Mandatory Settlement: Scheduled Date
Trial Date: Scheduled Date

To opposing party's party designation (ex: plaintiff) opposing party's name, and to his/her attorney(s) of record: 
NOTICE IS HEREBY GIVEN that on Hearing date, at Hearing time, or as soon thereafter as the matter may be heard, in Department 47 of this court, located at 720 9th Street, Sacramento,  your party designation (ex: defendant) your name, will, and hereby does, move for an order continuing the trial and mandatory settlement conference, heretofore set for MSC Scheduled Date and Trial Scheduled Date, respectively, [reopening discovery until 30 days prior to the new trial date] and referring this matter back to the case management program for trial setting. 

The motion will be made on the grounds that describe the ground of the motion with the specific circumstances of your case that are causing you to ask for a continuance. 

The motion will be based on this notice of motion, on the declaration(s) of Your Name, and the supporting memorandum served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.
 
Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Dated: Date					By:________________________	  _____________
						YOUR NAME
Your party designation, In Pro Per

Memorandum of Points and Authorities in Support of Motion to Continue

I.  Background
	Provide a brief explanation of the case and a summary of the motion.
II. LEGAL ARGUMENT
GOOD CAUSE EXISTS FOR CONTINUANCE IN THAT DESCRIBE THE BASIS FOR YOUR MOTION IN THIS HEADING
	A. Good Cause. A court may grant a continuance before or during trial on an affirmative showing of good cause and each request for a continuance must be considered on its own merits (Cal. Rules of Ct., Rule 3.1332(c)).
	B. Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal. Rules of Ct., Rule 3.1332(c)(7)). Insert an explanation of how this legal point applies to your situation.
	C. Continuance Sought as Soon as Reasonably Practical. A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered (Cal. Rules of Ct., Rule 3.1332(b)). Insert an explanation of how this legal point applies.
	D. Opportunity for Full Presentation. A continuance should be granted if failure to allow the continuance would probably or possibly prejudice the party seeking the continuance by depriving that party of the opportunity to fully and fairly present his/her/its case (Cadle Co. v. WorldWide Hospitality Furniture (2006) 144 Cal. App. 4th 504, 513–515, 50 Cal. Rptr. 3d 480; In re Dolly A. (1986) 177 Cal. App. 3d 195, 199, 201, 222 Cal. Rptr. 741; Cohen v. Herbert (1960) 186 Cal. App. 2d 488, 494, 8 Cal. Rptr. 922).

Dated: Date					By:________________________	  _____________
						YOUR NAME
Your party designation, In Pro Per

DECLARATION OF YOUR NAME

I, YOUR NAME, am the your party designation in this matter, and I declare the following in support of my motion for continuance:

Explain the circumstances that have caused you to make this motion. 
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: Date					By:________________________	  _____________
						YOUR NAME
Your party designation, In Pro Per

YOUR NAME
Address
City, State, ZIP
Phone number

Your party designation, In Pro Per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

PLAINTIFF'S NAME,
	Plaintiff,
	vs.
DEFENDANT'S NAME,

	Defendant	)
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)
)
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)	Case No.: Case number

[PROPOSED] ORDER CONTINUING MANDATORY SETTLEMENT CONFERENCE AND TRIAL 

Date: Hearing date
Time: Hearing time 
Dept: 47
Judge: Judge

Date Action Filed: Date Complaint was Filed
Mandatory Settlement: Scheduled Date
Trial Date: Scheduled Date 
	
The motion of party designation Your Name for an order continuing trial and mandatory settlement conference came on regularly for hearing by the court on Date of Hearing. Plaintiff appeared by name of lawyer, or plaintiff if self represented; defendant appeared in pro per. 

On proof made to the satisfaction of the court that the motion ought to be granted, 
IT IS ORDERED that the motion be, and hereby is, granted. The existing trial date and mandatory settlement conference date is/are vacated.  This case is referred back to the Case Management Program for setting of a trial date. [Discovery remains open until 30 days before the next trial date that is set.]
Dated: ___________________.
					______________________________________________ 
					Judge of the Superior Court