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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.

If a defendant refuses to produce documents or witnesses for depositions, you can oppose the summary-judgment motion by submitting your declaration and showing that facts essential to justify your opposition may exist but cannot for reasons stated be presented to the court.

When Can You File a Motion for Summary Judgment? 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.

Bottom line, you likely can file a second MSJ in the same case; but a trial lawyer should be cautious to file the first motion unless it is an absolute need, and if you lose, you should develop the case in discovery toward asserting a new basis for the second motion.

"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.

(c) Format and filing of motion Any opposition to the motion must be served and filed at least 14 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise.

(Subd (f) amended effective January 1, 2016; previously amended effective January 1, 2002.) If evidence in support of or in opposition to a motion exceeds 25 pages, the evidence must be separately bound and must include a table of contents.

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.

In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.

File a declaration or affidavit telling the Court that you need more time to obtain discovery in order to oppose the Motion.

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To preclude attribution of fault to any party granted summary judgment. 5. Motion to Exclude Witness from the Courtroom Until Witness'.Standardized, fillable forms adopted for statewide use in California Superior Courts. Fill out an application to waive the filing fee if necessary. The defendant must appear in court on the day of the hearing, or the judge may grant a default judgment in favor of the plaintiff. Measure H Lawsuit on Hold (PDF) (August 14, 2009). Judge Denies Plaintiffs' Motion for Summary Judgment in Measure H Lawsuit (PDF) (July 9, 2009). Denial of Summary Judgment. ORDER GRANTING DEFENDANT ALAMEDA COUNTY S MOTION FOR SUMMARY JUDGMENT Doc. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a default judgment. 5.

Alameda California Sample Letter for Order Granting Motion for Summary Judgment

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