1 Mark S. Smith, Esq.

(SBN-158734)
LAW OFFICES OF MARK S. SMITH
2 4266 Atlantic Avenue
Long Beach, CA. 90807
3 Telephone No.: (562) 437-3326
Facsimile No.: (562)435-0033
4
Attorney for Defendants,
5 ANNA BURROW; SONJA ELBRANN;
ABRAHAM MULLACKALL
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES
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) Case No.: NC 050358
12 LINDA MOORE; THOMAS )
) EXPARTE REQUEST FOR ORDER
13 MOORE, ) SHORTENING TIME FOR
) MOTION TO CONTINUE FINAL
14 Plaintiff, ) STATUS CONFERENCE AND
) TRIAL
15 vs. )
)
16 ANNA BURROW; SONJA )
)
17 ELBRANN; ABRAHAM )
)
18 MULLACKALL, )
)
19 Defendants. )
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TO THE PLAINTIFF AND HIS ATTORNEY OF RECORD HEREIN:
22 Defendants, ANNA BURROW; SONJA ELBRANN; ABRAHAM
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MULLACKALL, do hereby make an ex parte request for order shortening
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25 time for a motion to continue the Final Status Conference and Trial in this
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case. Said request will be based on the memorandum of points and
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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL
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authorities, the record in the case, and oral argument at the time of the
2 hearing.
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5 I
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FACTS
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8 Trial in this case is scheduled for September 29th, 2008. Defendant

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Abraham Mullackall will be out of the country on important family business
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from September 16, 2008 to September 30, 2008. He has pre-purchased
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12 airline tickets and is very needed by his family in Israel. Mr. Abraham
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Mullackall is the active owner and property manager of the subject property
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15 in this case and as such is a material witness. The other Defendants are
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passive owners and know nothing about the operation of the subject property
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and very little about the issues in this case. They are very elderly.

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II
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22 MEMORANDUM OF POINTS AND AUTHORITIES

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A. THE COURT HAS AUTHORITY TO GRANT AN EXTENSION
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25 OF THE MEDIATION CUT OFF DATE AND CONTINUE THE

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TRIAL DATE BASED ON GOOD CAUSE.
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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL
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Courts are disposed to show great liberality in granting
2 continuances in civil cases, when it fairly appears that to do
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otherwise would deny applicant his day in court. (Ross v.
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5 Thirlwall (1929) 281 p. 714, 101 CA 411). Liberality should be

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exercised in granting continuances when they are not prejudicial
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8 to other parties. (Capital National Bank of Sacramento vs. Smith

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(1944) 144 P2d 665, 62 CA2d 328).
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12 1. GOOD CAUSE EXISTS IN THIS CASE

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The Defendant ABRAHAM MULLACKAL needs to go back to
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15 his homeland was unexpected and is quite necessary. He has

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purchased non-refundable airline tickets. The trip is one of a
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family necessity. It could not be avoided. He is the only one of the

19 Defendant’s who can testify about the issues in this case.

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22 III
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CONCLUSION
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25 Based on the foregoing, the Defendants request that the court grant
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their motion for a continuance of the trial date in this case, as good cause
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exists.
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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL
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Dated: August 8, 2008 Respectfully Submitted,
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5 ____________________________
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Mark Stephen Smith
Attorney for Defendants;
7 ANNA BURROW; SONJA ELBRANN;
ABRAHAM MULLACKALL
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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL
1 DECLARATION OF ABRAHAM MULLACKALL
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I, ABRAHAM MULLACKALL, declare as follows;
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1. That I am A Defendant in the aforementioned case.

5 2. That Trial in this case is scheduled for September 29th, 2008.

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3. That I will be out of the country on important family business
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8 from September 16, 2008 to September 30, 2008.

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4. That I have pre-purchased airline tickets and is very needed by
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11 my family in Israel.
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5. That I am the active owner and property manager of the subject
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property and as such is a material witness.
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15 6. That the other Defendants are passive owners and know nothing
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about the operation of the subject property and very little about
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18 the issues in this case. They are very elderly.

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I declare under the Penalty of Perjury under the laws that govern the State

22 of California that the foregoing is True and Correct based on my knowledge

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and belief. Executed this 8th day of August, 2008.
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_______________________________
27 ABRAHAM MULLACKALL
28 DECLARANT

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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL
1 Mark S. Smith, Esq. (SBN-158734)
LAW OFFICES OF MARK S. SMITH
2 4266 Atlantic Avenue
Long Beach, CA. 90807
3 (562) 437-3326
4 Attorney for Defendants,
ANNA BURROW; SONJA ELBRANN;
5 ABRAHAM MULLACKALL
6

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8

9
FOR THE COUNTY OF LOS ANGELES
10

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12 ) Case No.: NC 050358

LINDA MOORE; THOMAS )
13 ) ORDER GRANTING MOTION
MOORE, ) FOR CONTINUANCE OF TRIAL
14 )
Plaintiff, )
15 )
vs. )
16 )
ANNA BURROW; SONJA )
17 )
ELBRANN; ABRAHAM )
18 )
MULLACKALL, )
19 )
Defendants. )
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Good Cause having been shown, the Court does hereby grant

23 Defendants;
24
ANNA BURROW; SONJA ELBRANN; and ABRAHAM MULLACKALL’s
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26 Motion for Continuance of the Final Status Conference and Trial in this case.
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The Final Status Conference date of _______________ is advanced and
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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL
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vacated. The new Final Status Conference date is _____________. The Trial
2 date of September 29, 2008 is advanced and vacated. The new Trial date is
3
______________.
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Dated: __________________ _________________________________
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7 Judge of the Superior Court

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EX PARTE REQUEST FOR ORDER SHORTENING TIME FOR MOTION TO CONTINUE TRIAL