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What does it mean if they say the summary judgement is off calendar?

Ontario, CA |

The defense lawyer asked for a summary judgement now they say it's off calendar? What does that mean usually?

Attorney Answers 3

Posted

Off calendar means that the clerk of the court has removed the hearing and it will not be heard. That can be done as the result of a variety of reasons. For instance, in many courts, the moving party's lawyer can contact the clerk and request that it be taken off calendar or the parties can agree to take it off calendar by a written stipulation, such as when the parties have agreed to resolve the dispute. Perhaps the defense attorney saw the opposition to the summary judgment and determine that the court would deny the motion, so it was not worthwhile proceeding.

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Thank you so much Attorney Robert Stempler.

Posted

It means that the motion will no longer be on the court's calendar for consideration. Usually, it means that the party making the motion is withdrawing the motion. There could be a plethora of reasons why the motion is being taken off calendar. It does not necessarily mean the moving party is giving up on the motion, however. In some instances, the moving party may want to make new and/or different arguments, or correct the insufficient notice of motion, and taking the motion off calendar is easier than trying to correct the deficiencies.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Thanks Attorney Chen.

Posted

Defense counsel must have filed and served a "motion for summary judgment", which set a hearing date on the court's Calendar for oral arguments (or the court notified the parties when to appear). As noted by the other responders, the motion/hearing has been taken "off calendar", which means no argument, which can be a result of a number of reasons. However, it is not an absolute guarantee that defendant will not try to re-file the motion, so be on the lookout (this is particularly true if you raised some genuine points in opposition that he would prefer to address in a "new" motion, rather than a "defective" motion that would likely be denied- a tactical maneuver, to say the least).

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Thanks For Your Answer Attorney Schwimmer.