TRY ME!
California Motion Opposition Deadlines
Summary
In California, opposition to a motion must be served at least nine court days before the hearing, with an additional five calendar days if served by mail. Failure to meet this deadline does not automatically result in default, but the court may proceed without the defendants input or grant the motion. A prove-up hearing is typically required for default judgments after service by publication. The court reviews the prove-up package for complaint sufficiency, including proper service, factual allegations, procedural compliance, and evidence for damages. The court has discretion to disregard late-filed oppositions. Always verify with local court rules for specific requirements.Full Conversation
In California If Plaintiff's motion to compel is scheduled on March *, * and Plaintiff requested service by mail if Defendant's doesn't serve Plaintiff with opposition by February * is defendant in default?
In California, if the Defendant fails to serve the Plaintiff with the opposition by the required date, they are not automatically in default. However, they may face consequences, such as the court proceeding without their input or potentially granting the motion to compel. It's crucial for the Defendant to adhere to deadlines to avoid adverse outcomes.
In California if Plaintiff served defendant with service by publication and a Default is granted does Plaintiff has to submit CMC statement?
In California, if a default judgment is granted after service by publication, the requirement to submit a Case Management Conference (CMC) statement may depend on the specific court's rules and whether any further proceedings are necessary. Generally, if the case is resolved with a default judgment, a CMC statement may not be required. However, it's always best to confirm with the local court for specific requirements. Is there anything else related to your case you need clarification on?
In California if Plaintiff served defendant with service by publication and a request for Default is granted does Plaintiff has to submit CMC statement?
Case Rating: *
In California, if a default judgment is granted after service by publication, a Case Management Conference (CMC) statement is typically not required if the case is resolved. However, it's essential to verify with the specific court involved, as local rules may vary. Anything else you need help with?
In California, if a default judgment is granted after service by publication, a Case Management Conference (CMC) statement is typically not required if the case is resolved. However, it's essential to verify with the specific court involved, as local rules may vary. Anything else you need help with?
In California if Plaintiff served defendant with service by publication and is prove up hearing required for default judgement?
Case Rating: *
In California, when a plaintiff serves a defendant by publication and seeks a default judgment, a prove-up hearing is typically required to establish the plaintiff's case and damages. This is necessary to ensure the judgment is based on sufficient evidence. It's advisable to check with the local court for specific procedures regarding prove-up hearings.
In California, when a plaintiff serves a defendant by publication and seeks a default judgment, a prove-up hearing is typically required to establish the plaintiff's case and damages. This is necessary to ensure the judgment is based on sufficient evidence. It's advisable to check with the local court for specific procedures regarding prove-up hearings.
In California if Plaintiff served defendant with service by publication and plaintiff files for prove up package how does complaint sufficiency checked?
Case Rating: *
In California, when a plaintiff files a prove-up package after serving a defendant by publication, the court will review the package to ensure the complaint's sufficiency. This typically involves checking for:
- Proper service of process
- Adequate factual allegations supporting the claims
- Compliance with procedural rules
- Evidence supporting damages or relief sought
Is there anything specific you need further clarification on?
In California, when a plaintiff files a prove-up package after serving a defendant by publication, the court will review the package to ensure the complaint's sufficiency. This typically involves checking for:
- Proper service of process
- Adequate factual allegations supporting the claims
- Compliance with procedural rules
- Evidence supporting damages or relief sought
Is there anything specific you need further clarification on?
In California Plaintiff has 45 days to file a Motion to Compel once verified responses are filed, is there a limit on days when motion must be served on Defendant?
Case Rating: *
In California, there is no specific limit on the number of days within which a motion must be served on the defendant once filed. However, the hearing date determines the timing for serving the opposition, which should be done at least nine court days before the hearing date along with any additional time for mail service. Is there anything else you need help with?
In California, there is no specific limit on the number of days within which a motion must be served on the defendant once filed. However, the hearing date determines the timing for serving the opposition, which should be done at least nine court days before the hearing date along with any additional time for mail service. Is there anything else you need help with?
True or False: Pursuant to Code of Civil Procedure section *(b), opposing papers must be filed and served at least nine court days before the hearing. When service is by mail, that period is extended by five calendar days.
Case Rating: *
True. According to Code of Civil Procedure section *(b), opposing papers must be filed and served at least nine court days before the hearing. If service is by mail, the period is extended by five calendar days. Would you like more information on this topic or any other legal issue?
True. According to Code of Civil Procedure section *(b), opposing papers must be filed and served at least nine court days before the hearing. If service is by mail, the period is extended by five calendar days. Would you like more information on this topic or any other legal issue?
Pursuant to Code of Civil Procedure section *(b), opposing papers must be filed and served at least nine court days before the hearing. When service is by mail, that period is extended by five calendar days making opposing papers to be filed and served at least * court days+* Calendar days
Case Rating: *
It looks like you're dealing with procedural requirements under California law. Here's a quick summary:
- Opposing papers must be filed and served at least nine court days before the hearing.
- If served by mail, add five calendar days.
- Verify local court rules for specifics.
Let me know if there's anything else you need to know or if you have other legal questions.
It looks like you're dealing with procedural requirements under California law. Here's a quick summary:
- Opposing papers must be filed and served at least nine court days before the hearing.
- If served by mail, add five calendar days.
- Verify local court rules for specifics.
Let me know if there's anything else you need to know or if you have other legal questions.
True or False: The Court has discretion to disregard a late-filed opposition. See Kapitanski v. Von's Grocery Co. (*) * Cal.App.3d *, *.
Case Rating: *
True. The court does indeed have the discretion to disregard a late-filed opposition, as noted in Kapitanski v. Von's Grocery Co. (*) * Cal.App.3d *, *. Would you like more information on this or any other legal topic?
True. The court does indeed have the discretion to disregard a late-filed opposition, as noted in Kapitanski v. Von's Grocery Co. (*) * Cal.App.3d *, *. Would you like more information on this or any other legal topic?
Start a new chat