ARCHIVE OF ISSUES 1 THOUGH 10
The FREE weekly legal newsletter with tips and tactics for California
and Federal litigation!
Created and produced by Stan Burman
About the Author
I am a freelance paralegal who has worked in California and Federal litigation since 1995. I
recently relocated to Asia. I have created over 200 sample legal documents for California and
Federal litigation. I enjoy writing and commenting on legal topics.
Sample documents published by Stan Burman
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This archive is the first in a series and contains all of the text from Issues 1 through 10 of my
FREE weekly legal newsletter. Stay tuned as I am in the process of preparing an archive for
every issue of the newsletter.
TABLE OF CONTENTS:
* Issue Number 1-Opposition to a motion in California.
* Issue Number 1-Special Interrogatories in California.
* Issue Number 3-Requests for production of documents in California.
* Issue Number 4-Requests for admission in California.
* Issue Number 5-Supplemental discovery in California.
* Issue Number 6-Discovery in California dissolution (divorce) proceedings.
* Issue Number 7-Amendment of pleadings in California.
* Issue Number 8-Answering a complaint in California.
* Issue Number 9-Personal jurisdiction in California.
* Issue Number 10-Obtaining a clerk's judgment in California.
ISSUE NUMBER 1
OPPOSITION TO A MOTION IN CALIFORNIA
The topic of the newsletter this week is filing an opposition to a motion in California civil
litigation. Failing to file an opposition to a motion may be construed by the Court as an admission
that the motion has merit and should be granted. It is therefore extremely important that an
opposition be served and filed to the motion.
If a party fails to file timely written opposition to a motion or demurrer, the judge may refuse to
permit oral argument against the motion. The judge, as a matter of discretion, may consider a
request for continuance to allow filing of a written opposition. Because continuances are not
favored, valid reasons will have to be shown for the failure to file or late filing of opposing papers.
If a continuance is granted, the court may require the opposing party or their counsel to pay fees for
the appearance incurred by other parties. See the Rutter Group, Civil Procedure Before Trial, 9:168.
The opposition should contain a memorandum of points and authorities citing the reasons that the
motion should not be granted, along with citations to the case law and statutory authority that
supports the opposition, a declaration should also be included where appropriate. Failure to support
the contentions of the opposition with a good argument and citations to authority may result in the
unsupported contentions being considered waived by the court.
“Contentions are waived when a party fails to support them with reasoned argument and citations
to authority.” Moulton Niguel Water Dist. v. Colombo (2003) 111 Cal. App. 4th 1210, 1215.
The opposition to the motion must not exceed 15 pages, except in opposition to a summary
judgment motion. If the memorandum of points and authorities exceeds 10 pages a table of contents
and table of authorities must be included. The page limit does not include exhibits, declarations,
attachments, the table of contents, the table of authorities, or the proof of service. See California
Rule of Court 3.1113.
Code of Civil Procedure Section 1005 states in pertinent part that, “All papers opposing a motion
shall be filed with the court and a copy served on each party at least nine court days before the
hearing, and Notwithstanding any other provision of this section, all papers opposing a motion and
all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other
means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure
delivery to the other party or parties not later than the close of the next business day after the time
the opposing papers or reply papers, as applicable, are filed. This subdivision applies to the service
of opposition and reply papers regarding motions for summary judgment or summary adjudication,
in addition to the motions listed in subdivision (a).”
Note that many judges will strictly enforce the requirement that the opposition be served on time,
and in the correct manner.
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