If filing a motion of summary judgment in UD case - what is the time frame required before you can have hearing?
UD - i know demurrer is 35 days, quash is no more then 7 days. but how many days is summary judgment? thank you.
any and all info would be appreciated. i will be filing this in superior court orange county california. i am filing answer to complaint tuesday, then will file summary judgment soon after. no trial date scheduled so far, but status conference scheduled for oct 2nd. i will be serving plaintiff via certified mail.
hope i included everything. thank you in advance.
You will need to check with the clerk of the department regarding the actual scheduling of the MSJ. However, generally speaking, in connection with summary judgment motions in unlawful detainer actions, California Code of Civil Procedure § 1170.7 provides as follows:
"A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c." (emphasis added.)
The five day notice requirement is significantly different from the 75 day notice requirement for summary judgment motions in other civil litigation cases.
Code of Civil Procedure § 437(c) authorizes the Court to grant summary judgment when the moving party has established that there is no triable issue of material fact and is entitled to judgment as a matter of law. Specifically, Code of Civil Procedure § 437(c) provides as follows:
"The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
However, the provisions of Code of Civil Procedure § 437c (a) and § 437c (b) concerning the time for making and hearing the motion do not apply to unlawful detainer actions, nor does the requirement of a separate statement supporting or opposing the motion. (See Code of Civil Procedure § 437c (b) and § 437c (r).)
Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing, pursuant to California Rules of Court, Rule 3.1351(b), or in writing pursuant to California Rules of Court, Rule 3.1351(c).
You don't need to serve the MSJ via certified mail.
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.