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In essence, the amendment to Rule 32 of the Uniform Rules prescribes that a plaintiff can now only apply for summary judgment after the defendant has filed a plea and not after the delivery of a notice to defend.
Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages.
2022 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.) (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
The Motion for Summary Judgment may be filed after the defendant has filed a response to the complaint (such as an answer or a motion to dismiss), but no later than 30 days after the close of discovery. You will find the deadline for the close of discovery by looking at the Court's scheduling order in your case.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise.
Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.
"Meet and Confer" requirements apply to demurrers, motions to strike, and for judgment on the pleadings (CCP Sections 430.41, 435.5, 439(a)). Meet and confer must be in person or by telephone, and set forth in a declaration. There is an automatic 30-day extension if unable to comply.
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. Summary Judgment allows a judgment to be entered without the proceedings of a full trial.
MOTIONS. Noticed motions must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery).