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When to file the Opposition to the Motion?

Santa Monica, CA |
Filed under: Litigation

I received a Motion from defendant on 07/14/2011. This Motion is going to be heard on 09/21/2011.

My question is when is the last day for me to file the Opposition to the Motion and the CCP code that has this information.

Thank you.

Chris.

Attorney Answers 3

Posted

You did not specify what sort of motion or what court you are in (such as family law, probate, etc) or the type of motion filed. Deadlines for most civil motions are governed by Cal. Code of Civil Procedure Sec. 1005, which states that opposition shall be served and filed at least nine court days before the hearing. Service of the opposition and reply brief must be in such a manner as to ensure delivery the next business day, such as overnight delivery.

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Posted

This is a Civil Matter and the motion is "MOTION FOR ORDER PLAINTIFF TO FURNISH SECURITY AND PREVAILING ORDER RESTRICTING THE FILING OF LITIGATION PURSUANT TO CCP 391& CCP 391.6 For this motion, I assume it is at least nine Court Days. Thank You.

Posted

Nine court days before the hearing per CCP 1005(b) to file your opposition. Sept. 8 is probably the correct date unless there are any court holidays between Sept. 8 and Sept. 21.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

The other attorneys are correct.

California Code of Civil Procedure section 1005 provides:

"(a) Written notice shall be given, as prescribed in
subdivisions (b) and (c), for the following motions:
(1) Notice of Application and Hearing for Writ of Attachment under
Section 484.040.
(2) Notice of Application and Hearing for Claim and Delivery under
Section 512.030.
(3) Notice of Hearing for Claim of Exemption under Section
706.105.
(4) Motion to Quash Summons pursuant to subdivision (b) of Section
418.10.
(5) Motion for Determination of Good Faith Settlement pursuant to
Section 877.6.
(6) Hearing for Discovery of Peace Officer Personnel Records
pursuant to Section 1043 of the Evidence Code.
(7) Notice of Hearing of Third-Party Claim pursuant to Section
720.320.
(8) Motion for an Order to Attend Deposition more than 150 miles
from deponent's residence pursuant to Section 2025.260.
(9) Notice of Hearing of Application for Relief pursuant to
Section 946.6 of the Government Code.
(10) Motion to Set Aside Default or Default Judgment and for Leave
to Defend Actions pursuant to Section 473.5.
(11) Motion to Expunge Notice of Pendency of Action pursuant to
Section 405.30.
(12) Motion to Set Aside Default and for Leave to Amend pursuant
to Section 585.5.
(13) Any other proceeding under this code in which notice is
required and no other time or method is prescribed by law or by court
or judge.
(b) Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five
calendar days if the place of mailing and the place of address are
within the State of California, 10 calendar days if either the place
of mailing or the place of address is outside the State of California
but within the United States, and 20 calendar days if either the
place of mailing or the place of address is outside the United
States, and if the notice is served by facsimile transmission,
express mail, or another method of delivery providing for overnight
delivery, the required 16-day period of notice before the hearing
shall be increased by two calendar days. Section 1013, which extends
the time within which a right may be exercised or an act may be done,
does not apply to a notice of motion, papers opposing a motion, or
reply papers governed by this section. All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party 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.
(c) Notwithstanding any other provision of this section, all
papers opposing a motion and all reply papers shall be served by
personal delivery, facsimile transmission, express mail, or other
means consistent with Sections 1010, 1011, 1012, and 1013, and
reasonably calculated to ensure delivery to the other party or
parties not later than the close of the next business day after the
time the opposing papers or reply papers, as applicable, are filed.
This subdivision applies to the service of opposition and reply
papers regarding motions for summary judgment or summary
adjudication, in addition to the motions listed in subdivision (a).
The court, or a judge thereof, may prescribe a shorter time."

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