California Civil Motion Practice: Rules, Deadlines, and Procedures
California Civil Motion Practice: A Comprehensive Guide
Motion practice in California Superior Court differs significantly from federal practice under the Federal Rules of Civil Procedure. Understanding these distinctions is essential for effective advocacy, as California's procedural rules and liberal policies on pleading amendments create a unique landscape for motions practice.
Foundational Motion Practice Rules
Notice, Service, and Filing Requirements
All motions in California must include a notice of motion, a memorandum in support (or brief), supporting declarations or affidavits, a proposed order, and relevant exhibits. Cal. Civ. Proc. Code § 1010 governs notice requirements generally.
Notice periods depend on the motion type. For most motions, Cal. Civ. Proc. Code § 1005(b) requires service at least 16 court days before the hearing (not counting service date, weekend days, court holidays, or the hearing date itself). Some motions have shorter timelines—for example, motions to compel discovery typically follow a 16-day rule as well.
Service methods include electronic service (when agreed or required), personal service, mail, or electronic transmission. Cal. Civ. Proc. Code § 1010.6 addresses electronic filing and service. Many Superior Courts now mandate e-filing through designated platforms.
Page and Word Limits
Cal. Civ. Proc. Code § 1010.5 limits opening briefs to 15 pages or 2,750 words, and reply briefs to 10 pages or 1,650 words, unless local rules are more restrictive. Some courts impose tighter limits. Always check your local court's rules—Los Angeles Superior Court, for instance, has stricter electronic filing requirements and page limits for certain motions.
Oral Argument
Oral argument is not automatic. Parties must request it in the notice of motion or explicitly in their moving papers. Cal. Civ. Proc. Code § 1010(a). Some judges prefer submission on papers alone, while others routinely grant oral argument requests. Many motions are decided on written submissions alone.
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Motion to Dismiss for Failure to State a Claim
California does not use the federal "motion to dismiss for failure to state a claim" under FRCP 12(b)(6). Instead, California employs the demurrer, governed by Cal. Civ. Proc. Code § 430.10.
Demurrer Standard and Pleading Requirements
California follows a notice pleading standard, similar to federal practice, but interprets it somewhat more liberally. A complaint must contain sufficient facts to put a defendant on notice of the claim, but detailed factual allegations are not required. However, California courts still require factual allegations that raise a reasonable inference of wrongdoing—bare legal conclusions and labels do not suffice.
A demurrer tests only the legal sufficiency of the complaint on its face. Cal. Civ. Proc. Code § 430.10 permits demurrers for numerous grounds, including:
When a demurrer is sustained without leave to amend, the plaintiff may appeal as of right. When sustained with leave to amend, the plaintiff may file an amended complaint. Cal. Civ. Proc. Code § 472.
Meet-and-Confer Requirement
Before filing a demurrer, the moving party must attempt to meet and confer in person or by phone with counsel. Cal. Civ. Proc. Code § 430.41. Failure to comply may result in the court taking the demurrer off calendar or striking it.
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Motion for Summary Judgment
Standard and Burden
Summary judgment in California is governed by Cal. Civ. Proc. Code § 437c. The moving party bears the initial burden of demonstrating the absence of a genuine dispute of material fact and entitlement to judgment as a matter of law. Once met, the burden shifts to the non-moving party to establish a triable issue of material fact.
This standard closely parallels federal law, but California courts apply it with particular rigor. The moving party must cite the record and show why the opposing party cannot prevail. Conclusory declarations unsupported by specific facts are insufficient.
Timing and Deadlines
A summary judgment motion must be served at least 90 days before the trial date or as ordered by the court. Cal. Civ. Proc. Code § 437c(a)(2). This is a strict requirement; motions filed later may be denied unless the court grants relief. The opposition must be filed at least 75 days before trial, and the reply at least 10 days before trial.
Partial Summary Judgment
California permits partial summary judgment on individual claims or issues. Cal. Civ. Proc. Code § 437c(f)(1). A grant of partial summary judgment narrows the issues for trial but does not resolve the entire case.
Burdens and Presentation
Evidence in support of and in opposition to summary judgment must consist of declarations, admissions, discovery responses, and authenticated documents. Cal. Civ. Proc. Code § 437c(d). Oral testimony at the summary judgment hearing is generally not permitted unless the court orders otherwise.
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Motion for Judgment on the Pleadings
Cal. Civ. Proc. Code § 438 governs motions for judgment on the pleadings. This motion may be filed after a general or specific demurrer is overruled, or after an answer is filed. It tests the legal sufficiency of the opposing party's claims based solely on the pleadings themselves and any matters of which the court may take judicial notice.
The motion cannot be granted unless the court finds the plaintiff (or defendant) has not established a prima facie case on each element of the claim. Unlike summary judgment, this motion does not involve affidavits or evidentiary disputes.
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Motion to Compel Discovery
Meet-and-Confer Requirement
Before filing a motion to compel discovery, the moving party must attempt to resolve the dispute through a "meet and confer" effort. Cal. Civ. Proc. Code § 2016.040. The effort must be demonstrated in the motion itself. This is not merely a courtesy—failure to meet and confer in good faith may result in denial of the motion or imposition of sanctions.
Filing Procedure and Burden
A motion to compel discovery must be filed before the cut-off date for discovery. Cal. Civ. Proc. Code § 2024.020 generally sets discovery deadlines as the earlier of 30 days before trial or as ordered by the court.
The moving party bears the burden of demonstrating that the discovery sought is relevant and not protected by privilege or work product doctrine. The responding party may then assert objections, such as undue burden, confidentiality, or privilege.
Fee-Shifting and Sanctions
If a motion to compel is granted, the court must impose monetary sanctions on the losing party unless the court finds the losing party acted with substantial justification or circumstances render sanctions unjust. Cal. Civ. Proc. Code § 2030.290(c), § 2031.310(h). Sanctions typically cover attorney's fees and costs incurred in bringing the motion.
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Motion in Limine
Filing and Timing
A motion in limine is a pre-trial motion seeking to exclude or admit evidence before trial. While no specific statute governs timing, Cal. Evidence Code § 402 (Evidence Code) provides the framework for in-limine determinations. Motions in limine should be filed well before trial—typically within the final 30 days before trial—to allow adequate time for the court to rule and for parties to adjust trial strategy.
Common Topics
Prior bad acts and character evidence are often excluded under California Evidence Code § 1101, which prohibits evidence of a person's character or propensity to commit crime, except in narrow circumstances. Motions in limine frequently seek to exclude such evidence.
Insurance coverage is inadmissible under California Evidence Code § 1155 to prove negligence or wrongdoing. Motions in limine routinely exclude any reference to insurance.
Settlement discussions and offers are protected under California Evidence Code § 1119. Evidence of settlement offers, compromise negotiations, and related statements cannot be introduced to prove liability or damages.
Expert opinion on non-expert matters may be excluded. Cal. Evidence Code § 702 limits expert testimony to matters within the expert's knowledge and training.
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Motion for Default Judgment
Procedure When Defendant Fails to Answer
If a defendant fails to respond to a complaint within 30 days (or within the period specified in a summons), the plaintiff may file a request for entry of default with the clerk. Cal. Civ. Proc. Code § 585.
Before seeking a default judgment, the plaintiff must file a notice of motion and declaration if damages are unliquidated (uncertain in amount). Cal. Civ. Proc. Code § 585(b). If damages are liquidated (a fixed sum), the clerk may enter default judgment without a court hearing, subject to exceptions.
Proving Damages
When damages are unliquidated, the court must hold a hearing where the plaintiff presents evidence of damages. Declarations, receipts, medical records, and other documentation supporting the damage claim are required. The defendant's default is not an admission of damages—only an admission of liability for the claim's elements.
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Motion to Amend Complaint
Liberal Standard for Leave to Amend
California strongly favors allowing amendments. Cal. Civ. Proc. Code § 473(a)(1) permits amendment before or after trial. The policy is to resolve disputes on the merits, not procedural technicalities. A court may deny leave to amend only if it finds abuse of discretion—typically when the amendment would cause undue prejudice, bad faith delay, or repeated misuse of the amendment process.
Relation Back Doctrine
Cal. Civ. Proc. Code § 473(a)(4) provides that amendments adding a new claim or defendant "relate back" to the original complaint if the new party received notice within the statute of limitations period and would not be unfairly prejudiced. This doctrine is broader than federal practice under FRCP 15(c) and significantly expands amendment rights.
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Temporary Restraining Order and Preliminary Injunction
California Requirements
Cal. Code Civil Procedure § 526 governs injunctions. To obtain a temporary restraining order (TRO) or preliminary injunction, a moving party must establish:
These elements closely mirror federal standards under Winter v. Natural Resources Defense Council, but California courts have interpreted them with particular emphasis on the irreparable harm requirement.
Ex Parte TRO
A TRO may be issued without notice to the opposing party if the movant shows great or irreparable injury and that notice would render the injunction ineffective. Cal. Code Civil Procedure § 527(a). A TRO issued ex parte lasts only 14 days unless extended, and the court must schedule a hearing on a preliminary injunction motion.
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Motion to Change Venue or Transfer
Cal. Code Civil Procedure § 395 establishes proper venue as the county where the defendant resides or where the claim arose. A motion to change venue must be filed in the trial court before or with the answer—early filing is critical. Cal. Code Civil Procedure § 397.
If filed in a timely manner, the moving party may argue inconvenience, lack of proper venue, or other grounds. The court may grant the motion and order transfer to the proper county.
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Motion to Consolidate or Sever
Cal. Code Civil Procedure § 1048 permits the court to consolidate actions involving common questions of law or fact or involving the same property. Either party may move to consolidate separate actions to avoid duplication and promote judicial efficiency.
Conversely, a motion to sever may be brought to separate claims or defendants to avoid confusion, prejudice, or undue delay. The standard is whether severance would promote judicial economy and avoid prejudice.
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Motion for Continuance
A party seeking postponement of trial must move for a continuance under Cal. Code Civil Procedure § 1048(a). The moving party must show good cause—typically unexpected events, witness unavailability, or inadequate time to prepare. Courts disfavor continuances near trial.
A party is entitled to at least one continuance as a matter of right before trial, but subsequent requests face stricter scrutiny.
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Post-Trial Motions
Motion for New Trial
A motion for new trial must be filed within 60 days after entry of judgment. Cal. Code Civil Procedure § 659. Grounds include error, newly discovered evidence, jury misconduct, or excessive damages. The moving party bears a heavy burden; the court defers to the jury's verdict absent clear evidence of error or abuse of discretion.
Motion for Judgment Notwithstanding the Verdict (JNOV) / Judgment as a Matter of Law
California calls this a motion for judgment notwithstanding the verdict (JNOV) under Cal. Code Civil Procedure § 629. It must be filed within 60 days after entry of judgment. This motion challenges whether sufficient evidence supports the verdict as a matter of law.
The moving party must demonstrate that no reasonable jury could have reached the verdict based on the evidence presented. The standard is extremely high.
Motion to Alter or Amend Judgment
Cal. Code Civil Procedure § 663 allows a party to move to alter, amend, or set aside a judgment within 60 days of entry. Grounds include clerical errors, newly discovered evidence, or errors of law. This motion is narrower than a new trial motion and typically challenges legal errors rather than evidentiary disputes.
All three post-trial motions must be filed within the same 60-day period, and filing one tolls the time for filing others.
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