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Opposition to Motion for Summary Judgment due 9 court days or 15 calendar days prior to hearing?

Los Angeles, CA |
Filed under: Litigation

Reply due 5 court or calendar days before hearing?

LOS ANGELES ATTORNEYS ONLY

Attorney Answers 3


  1. CCP Sectioni 437c(b)(4) provides that the a reply must be served and filed not less than 5 days prior to the date noticed for the hearing unless the judges changes the hearing date. It is not court days, but 5 calendar days. Don not confuse this statute with CCP 1005 which does not apply to MSJ's.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.


  2. Neither.

    The deadline for opposing a motion for summary judgment and/or motion for summary adjudication in California is 14 CALENDAR days prior to the hearing, which is different than the nine (9) court day deadline for opposing most other types of motions in California.

    Specifically, California Code of Civil Procedure section 437c(b)(2) provides:

    "Any 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. The opposition,
    where appropriate, shall consist of affidavits, declarations,
    admissions, answers to interrogatories, depositions, and matters of
    which judicial notice shall or may be taken."

    At the same time (14 days prior to the hearing), you need to serve a copy of your opposition to all parties via overnight mail, fax or personal delivery.

    Any reply to the opposition shall be served and filed by the moving party not less than five (5) CALENDAR days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.

    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.


  3. Attorney Chen is right. Review CCP section 437 in its entirety before you attempt to oppose an MSJ.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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