1. Deadlines for Filing and Responding to Motions. Old Rules: Motion for summary judgment or summary adjudication: 75 days before the hearing. Opposition to the motion: 14 days before the hearing. Reply to the opposition: 5 days before the hearing. New Rules (Effective January 1, 2025) and codified in CCP § 473c(a):
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).
How Will It Impact Summary Judgment 1. Changes to Timing. The first change occasioned by AB 2049 is relatively minor. The bill moves the filing deadlines for motions, oppositions, and replies back six days from the deadlines currently provided for, requiring such papers to be filed just under a week earlier than was required in the past.
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.
A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise.107 This means that the practical deadline for serving and filing a motion for summary judgment is 105 days before the date set for trial (or longer, depending on the manner of service).
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 ...
The Judicial Council of California offered the following comments regarding the adjustment to the summary judgment deadlines: “The fifth of seven goals in the Judicial Branch Strategic Plan is ‘Quality of Justice and Service to the Public.’ AB 2049 furthers this goal because it supports judicial officers in being prepared to act on ...
A missed deadline can lead to a summary judgment against the non-compliant party, resolving the case entirely and potentially resulting in an unfavorable outcome without a full trial. California courts are stringent in enforcing these deadlines to maintain judicial efficiency and integrity, ensuring cases progress in a timely manner.
Under 437(c) as it stands now, the following deadlines are in place: A motion for summary judgment or summary adjudication in a civil action or proceeding must be served and filed at least 75 days ...
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 […]
Conversely, converting all filing deadlines to their court-day equivalent would have extended the entire summary judgment timeline to nearly four months long. 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.
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. ... Missing this deadline can result in ...
(m) (1) A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon the party of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ.
The following sections explore the criteria, procedural requirements, legal standards, and implications of these motions within California’s judicial system. Criteria for Filing. In California, the criteria for filing a motion for summary judgment are governed by the California Code of Civil Procedure Section 437c.
Summary judgment in California is a key tool for resolving legal disputes without a trial. It streamlines court proceedings, conserving time and resources when there is no genuine issue of material fact. This process allows both plaintiffs and defendants to seek a resolution based on evidence presented through motions rather than traditional ...
