(2) An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.
Once the Defendant is served with the Motion for Summary Judgment they must respond timely and serve their response at least 14 days prior to the date set for the hearing on the Motion for Summary Judgment.
All opposition papers must be filed and served at least 9 court days before the hearing. CCP § 1005 (b) (amended eff 1/1/23).
Opposition to a Demurrer: If a demurrer is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. 44. Opposition to Motion to Quash the Complaint: If a motion to quash is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. 45.
All papers opposing a motion must be served and filed not less than 14 days before the hearing date. Any reply papers must be served and filed not less than five days before the hearing date (see California Code of Civil Procedure 437c.).
The deadline to file and serve your documents opposing a petition to compel arbitration in California is at least nine (9) court days before the hearing and your opposition should be served by personal delivery or overnight mail pursuant to Code of Civil Procedure section 1005 unless the court has ordered otherwise.
Within Time Allowed To Respond To A Pleading
A motion to strike a complaint or cross-complaint must be brought within thirty (30) days of service of summons. CCP § 412.20 (a)(3).
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc. v.
The party who filed the pleading shall provide legal support for its position that the pleading is legally sufficient, or, in the alternative, how the pleading could be amended to cure any legal insufficiency. (2) The parties shall meet and confer at least five days before the date a motion to strike must be filed.
Section 1008 allows the trial court to reconsider and modify, amend or revoke its prior order only upon new or different facts, circumstances or law. It is improper for a court to expressly invite the parties to file a second summary judgment motion in order to reassess its prior ruling.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
2d 271] whether an order denying a motion for a summary judgment is a final judgment, held at page 83: "An order denying a motion for summary judgment is not appealable. A judgment entered on an order granting the motion is appealable. (Code Civ. Proc., §§ 437c, 963.)
The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Summary Judgment allows a judgment to be entered without the proceedings of a full trial.
Length and Format of Motions. Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages.
Requirement. A party moving for summary judgment or summary adjudication must serve and file evidence, such as affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken (Cal. Civ.
A Motion to Strike is used to challenge improper or irrelevant information, or complaints not made in conformity with laws, rules, or court orders. Additionally, a Demurrer is used only to attack entire causes of action, while a Motion to Strike can be used to attack portions of a cause of action.
California's three-strikes law is a controversial sentencing scheme that imposes a state prison sentence of 25 years to life on a defendant (1) who is convicted of a violent or serious felony offense, and (2) who already has at least two prior convictions for violent or serious felony offenses.
While the original version of the law applied to any new felony committed with two or more prior strikes, the new law requires the new felony to be a serious or violent felony with two or more prior strikes to qualify for the 25 year-to-life sentence as a third strike offender.
(2) An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
Code of Civil Procedure (“CCP”) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
(c) Length
(1) If produced on a computer, an opening or answering brief on the merits must not exceed 14,000 words, including footnotes, and a reply brief on the merits must not exceed 8,400 words, including footnotes.
(b) Within 30 days after service of the summons and complaint, the claimant shall file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action ...
If you intend to oppose the ex parte application, file your opposition documents as soon as you can. You may bring your opposition to Court with you and file it before the ex parte hearing. Arrive 10 to 15 minutes earlier than your scheduled time. Check in at Window 1 in the filing room.
The decision is good news for California employers as it is now clear that California law cannot prohibit employers from requiring employees and applicants to agree to arbitrate their disputes as a condition of their employment, provided the FAA applies to the arbitration agreement.