If both sides agree to stipulate a trial continuance, how is it accomplished?

First, you need a Stipulation to Continue Trial signed by all parties. The Stipulation should set forth the grounds for seeking a trial continuance. The court may grant a continuance only upon an affirmative showing of good cause. California Rules of Court, Rule 3.1332 defines the circumstances that may indicate good cause: include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; (4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; (5) The addition of a new party if: (A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or (B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case; (6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial. Next, either party will need to prepare an Ex Parte Application to Continue Trial Pursuant to Stipulation. One side can prepare all of the paper work and pay the motion filing fee. It would be best if all parties attended the ex parte hearing because the judge will want to be able to ask questions and also to coordinate with all parties regarding the new trial date (assuming the ex parte is granted).

Attorney Chen has provided a good response. However, it is possible that some judges will continue the trial just based on the stipulation without the need for an ex parte application. This will depend on the judge and the circumstances necessiting continuance. Call the clerk of the courtroom and ask whether an ex parte will be necessary on top of the stipulation. If you or your opponent does need to file an ex parte, the signed stipulation should be attached to the ex parte to enhance your chances.

Call the court clerk at 213-974-1234 and ask for the department and ask them what is needed.