Response to an Opposition to a Motion in California

Responding to an opposition to a motion in California is the subject of this article. The filing and notification of an answer is critical if any opposition to a motion has been filed, particularly if the motion is what is known as a dispositive motion, such as an objection, or a similar type of motion, such as a motion for summary judgment.

The opposition to the motion and all supporting documents must be read cover to cover as soon as they are received.

Any response must specifically respond to any argument made in opposition, any argument made without any supporting authority or competent evidence must be rejected in response.

All authorities cited in opposition must be carefully reviewed, all sections of the code must be read carefully, and all cases cited must also be read cover to cover. Statements, if any, filed in support of the opposition should be carefully reviewed for possible evidentiary or other objections.

Please note that unless the Court has ordered otherwise, the answer must be filed at least five days before the hearing. Court days means Monday through Friday, excluding court holidays. Please note that some justices prefer that any response be filed directly with the department where the motion will be heard. Checking with the court clerk is a good idea. Even if the answer can be filed with the court clerk

This deadline does not apply to the filing of a response to an opposition to a motion for summary judgment that is five calendar days before the hearing pursuant to Section 437c(b)(4) of the Code of Civil Procedure.

The answer must be delivered personally or by express mail. While some judges may not strictly enforce this requirement, many others do. Prevented is worth two. See Section 1005 of the Code of Civil Procedure for more details.

And a well-respected California legal treaty provides that if the last day to file an answer falls on a weekend or holiday, the filing must be filed on the Court Day before the weekend or holiday; see The Rutter Group, Pretrial Civil Procedure 9:104.5 (2012).

California Courts of Appeals have repeatedly refused to consider the introduction of new issues or evidence in an answer that was not originally provided to the opposing party. In a California Court of Appeals case, the Court of Appeals reversed a summary judgment in which the plaintiff had first submitted a supplemental statement containing new facts in their answer briefs.

The author sincerely hopes that you have enjoyed this article and found it informative.

To be honest,

Stan Burman

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