What is the due date for filing a Reply to Opposition to Motion to Quash Service of Cross-Complaint in CA Superior Court?

Asked almost 2 years ago - Los Angeles, CA

How many days after service of an Opposition to Mot.to Quash Service of Cross-Complaint should the Reply be filed? Can it be filed 3 court days before the hearing and the status conference?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . The deadline is not based upon the timing of the service of the Opposition. Rather, the deadline for filing and serving the Reply to Opposition is five court days prior to the hearing on the motion. If the Reply to Opposition is late, most likely the judge will not have received it nor have time to review and consider it prior to the hearing.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 5 court days before hearing.

  3. Paul Y. Lee

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The dealine for filing and serving a Reply to opposition to a motion is 5 court days prior to the hearing. See CCP 1005(b). The Reply should be served by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery to the other party not later than the close of the next business day after the time the Reply papers are filed. CCP 1005(c). Although there is a good chance a late filed Reply may not be read or considered, you should go ahead and file it even if you are late. Some judges may consider late filed Reply papers.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more

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