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How many days do I have to file an opposition to a motion to dismiss a claim in California (state court)?

Los Angeles, CA |

My question is, in LA, how long do I have to file papers to oppose a motion to dismiss a Claim in CA state court?

I am looking to file an opposition in CA state court to oppose a motion. I know that this must be done quickly. What is the length of time I have to oppose the motion?

Thank you.

Attorney Answers 3


  1. The opposition to oppose a motion to dismiss should be filed no later than nine court (not calendar) days before the date of the hearing. Serve opposition on counsel of record in such a way that they are reasonably ensured of receiving it no later than the next business day.

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APLC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review.


  2. Robert's answer is 100% correct. I would add that, as to serving a copy on the other side, I have had courts disagree that service by mail (even within L.A. area) is likely to get there by the next business day. Use priority mail, UPS or Fedex. Don't get cheap with this. Also, depending on where the action is, you may need to give an EXTRA copy to be brought to the courtroom where the motion is going to be heard. Call the clerk of the department where the motion to dismiss is scheduled to be heard and ask about this. This is very important.

    Good luck!

    I don't intend the foregoing to be legal advice but just a general answer to a question based on Avvo's rules. In particular, you are not my client. I am not your lawyer. For further details on this issue, you should consult an attorney. Also, I don't practice in your jurisdiction.


  3. In California state superior court, all papers opposing a motion so noticed shall be filed with the court and a copy served to each party within at least NINE court days, and all reply papers at least FIVE court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.

    A court date is each business date that the court is open (so don't count holidays or weekends). Count backwards from the date of the hearing.

    As Attorney Stempler indicates, you need to serve your opposition for a motion to dismiss a claim in a fashion to ensure delivery to the other party or parties no later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This usually means fax or overnight mail.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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