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On July 15, Governor Newsom signed AB 2049, which changes the rules for summary judgment motions in state court effective January 1, 2025.While there are a number of deadline changes, the largest change is a slight expansion of the opportunity to seek summary adjudication of issues (the California version of a partial summary judgment).

On July 15, 2024, however, a bill was signed into law which aims to change the filing deadlines outlined above. Assembly Bill (“AB”) 2049 changed the deadline for a party to file for summary judgment to at least 81 days before the hearing on the motion. ... California’s legislature has made substantive changes to the summary judgment ...

The new year will bring significant changes to the timing requirements for filing and opposing motions for summary judgment (MSJs) in California. Effective January 1, 2025, parties must follow the following updated deadlines: ... who can risk missing the deadline and thus waiving their right to move for summary judgment. In litigation, winning ...

Conclusion: The changes introduced by AB 2049, codified in California Civil Procedure Code Section 437c, are designed to streamline the summary judgment process and promote fairness in litigation. While these changes may require adjustments to litigation strategies, they also offer opportunities for more effective and efficient case management.

Heads up to all employment litigators in California – changes are coming to the rules governing Motions for Summary Judgment and Summary Adjudication come January 1, 2025. Both plaintiffs and defendants in employment litigation often use these motions to either win a case outright, or knock out claims (and hence limit disputed issues), before ...

New procedural rules governing summary judgment motions filed in California state court will go into effect January 1, 2025. Under existing law, Cal. Code Civ. Proc. § 437c(a)(2), a party in a civil action seeking summary judgment or summary adjudication must file their notice of motion and supporting papers at least 75 days before the hearing ...

These changes were made as part of Assembly Bill 2049, which was signed on July 15, 2024. Although no part of the California Code of Civil Procedure "is retroactive, unless expressly so declared," per CCP section 3, the bill does not indicate which deadlines apply should a summary judgment motion be filed in 2024, with a hearing date set after the January 1, 2025 amendments take effect.

Those who litigate in California state courts, take note: Changes are coming to the state’s summary judgment statute for the first time in 20 years. Assembly Bill 2049 (AB 2049), signed into law ...

The changes adjust deadlines by six days: Summary Judgment and Summary Adjudication motions must be filed 81 days before the hearing date, plus time for service, not 75 days as provided by current law (Code of Civil Procedure § 437c.) Opposition papers are now due 20 days before the hearing, instead of 14 days as provided by current law.

While there are a number of deadline changes, the largest change is a slight expansion of the opportunity to seek summary adjudication of issues (the California version of a partial summary judgment). Under current law, a motion for summary adjudication may only be filed if it completely disposes of a cause of action, an affirmative defense, a ...

Head’s up to all employment litigators in California – changes are coming to the procedural rules governing filings for Motions for Summary Judgment and Summary Adjudication come January 1, 2025.

Effective January 1, 2025, California passed new legislation with important changes for (1) summary judgment/adjudication proceedings, (2) commercial unlawful detainer procedural nuances, and (3) certain notices to be given and recordkeeping/notice protections relating to triple net expenses claimed by commercial landlords against a new category of tenants known as “qualified commercial ...

After over two decades, summary judgment procedures under Code of Civil Procedure § 437(c) are being amended. Effective Jan. 1, 2025, California Assembly Bill 2049 (AB 2049), signed into law by Gov. Gavin Newsom, introduces important updates to summary judgment procedures that extend the notice period, limit the contents of reply briefs, extend the briefing schedules, and require leave of ...

The summary judgment process in the California courts is undergoing significant changes as of the beginning of 2025. AB 2049 (effective January 1, 2025) marks the first major changes made to Code of Civil Procedure §437(c) in several decades. The new legislation affects motion timelines, successive motions, and briefing limitations. Though the bill was designed […]

Those who litigate in California state courts, take note: Changes are coming to the state’s summary judgment statute for the first time in 20 years. Assembly Bill 2049 (AB 2049), signed into law this summer, introduces logistical changes and clarifications to the summary judgment process that attorneys should be aware of before the law takes ...

Parties now are prohibited from filing more than one summary judgment against an adverse party without leave of court, a change from the lack of a statutory limitation under the former law. See ...

AB 2049 is a joint effort for the California Judges Association, the California Defense Counsel and the Conference of California Bar Associations. In a support letter to lawmakers, they wrote that the bill would be "the first structural change" to the rules around summary judgment motions in California "in 20 years."

This amendment to the summary judgment statute (Code of Civil Procedure section 437c) is the first structural change to California's summary judgment law since the early 2000s. Since its inception in 1933, section 437c has always used calendar days rather than the court days common to almost all other motion filing requirements. This is likely ...

Filing a motion for summary judgment in California requires compliance with the Code of Civil Procedure Section 437c and the California Rules of Court. A party must submit a notice of motion, a separate statement of undisputed material facts, and supporting evidence, such as affidavits or declarations.