All opposition papers must be filed and served at least 9 court days before the hearing. CCP § 1005 (b) (amended eff 1/1/23).
Calculating the Deadline
The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. CCP § 12.
The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. CRC 3.1300(d) (amended eff 1/1/16)
A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading. CCP § 435(a) and (b).
A motion to strike may be brought against any "irrelevant, false or improper matter inserted in any pleading," or against any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." CCP § 436.
The grounds for a motion to strike must appear on the face of the pleading under attack, or from a matter that the court may judicially notice.
Where a motion to strike is based on a matter of which the court may take judicial notice, the matter must be specified in the notice of motion or supporting points and authorities. CCP § 437.
A motion to strike a portion of a pleading must quote in full the portion sought to be stricken, unless the matter sought to be stricken is an entire paragraph, cause of action or defense. CRC 3.1322(a) (renumbered eff 1/1/07).
The specifications of the matters sought to be stricken must be numbered consecutively. CRC 3.1322(a) (renumbered eff 1/1/07).
In limited civil cases, motions to strike are permitted only on limited grounds. CCP § 92(d).
A motion to strike may be brought concurrently with, or against a demurrer. CCP § 435(b) and (c). If brought against a demurrer, the hearing on the motion to strike must be set at the same time as the hearing on the demurrer. CCP § 435(b)(3); CRC 3.1322(b) (renumbered eff 1/1/07).
A motion to strike without a demurrer extends the time to answer a complaint or cross-complaint. No default may be entered while a motion to strike is pending. CCP § 435(c).
The filing of a motion to strike does not extend the time to demur to a complaint, cross-complaint or answer. CCP § 435(d).
The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar, and are contained in Appendix 3.A. LASC LR 3.26 (amended eff 7/1/11)
A demurrer must state, on the first page below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer CRC 3.1320(e) (amended eff 1/1/16)
It appears that with motions and papers other than demurrers, California Rule of Court 2.111(4) now governs. This rule provides that on any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. CRC 2.111(4) (amended eff 1/1/17)
The first page of the motion or demurrer must specify, immediately below the number of the case, the date, time and location of the hearing and the name of the hearing judge, the title of any attached document other than an exhibit, the date the action was filed and the trial date. CRC 3.1110(b) (amended eff 1/1/17)
The opposition memorandum must contain a statement of facts, a concise statement of the law, and the evidence, arguments, and authorities relied upon. CRC 3.1113(b) (amended eff 1/1/17)
Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed fifteen (15) pages, not including exhibits, declarations, attachments, tables, or proof of service. CRC 3.1113(d) (amended eff 1/1/17).
The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. CRC 3.1113(d) (amended eff 1/1/17).
A memorandum that exceeds ten (10) pages shall include a table of contents and table of authorities. CRC 3.1113(f) (amended eff 1/1/17).
Case citations must include the official report volume and page number and year of decision. CRC 3.1113(c) (amended eff 1/1/17).
A judge may require that authority from outside California be lodged with the papers that cite the authority. CRC 3.1113(i) (amended eff 1/1/17).
If in paper form, the authority must be tabbed or separated as required by rule 3.1110(f)(3). If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). CRC 3.1113(i) (amended eff 1/1/17).
Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. The signer's address and telephone number must be included. With the exception of discovery papers, the signature constitutes certification pursuant to Code of Civil Procedure § 128.7. CCP § 128.7.
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers. No trial court shall enact or enforce any local rules concerning these fields and all such local rules are null and void unless otherwise permitted or required by a statute or California Rule of Court. CRC 3.20 (amended eff 1/1/15)
See Los Angeles County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
A motion to strike may be based only on matters that appear on the face of the pleading, or of which the court may take judicial notice. CCP § 437.
See Los Angeles County SmartRules™ procedural guide: REQUEST FOR JUDICIAL NOTICE.
A proposed order may be lodged and served with moving or opposition papers but must not be attached to them. CRC 3.1113(m) (amended eff 1/1/17)
The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in CRC 3.1312.
In the Central District, opposition or reply papers exempt from mandatory electronic filing per LASC LR 3.4 (b) are to be filed at the filing window no later than 4:30 p.m. LASC LR 3.4 (d) (amended eff 1/1/20).
Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for some types of documents in other jurisdictions. For specific up to date information regarding the availability and requirement of electronic filing, and for information regarding traditional and facsimile filing procedures, See Los Angeles County SmartRules™ procedural guide: FILING DOCUMENTS.
Electronic Filing--Not Available At All Locations
Consult the filing clerk for the applicable court location to learn if electronic filing is available at that location.
Proof of service of moving papers must be filed no later than 5 court days before the hearing date. CRC 3.1300(c) (amended eff 1/1/16)
As used in the California Rules of Court, "proof of service" means a declaration stating that service has been made as provided in the California Rules of Court. If the proof of service names attorneys for separately represented parties, it must also state which party or parties each of the attorneys served is representing. CRC 1.21(c) (amended eff 1/1/07)
Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is "reasonably calculated" to ensure delivery not later than the close of the next business day after the opposition or reply papers are filed. CCP § 1005 (c) (amended eff 1/1/23).
A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise. The court must rule on the motion as if the party had appeared. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. CRC 3.1304(c) & (d) (amended eff 1/1/16)
Matter Not To Be Heard
The moving party must immediately notify the court if a matter will not be heard on the scheduled date. CRC 3.1304(b) (amended eff 1/1/16)
Some departments post Tentative Rulings. These can be accessed online.
NEW RULE AMENDMENTS EFFECTIVE AUGUST 4, 2023
Telephonic appearance for civil hearings is generally allowed. CRC 3.670 (a) & (c) (amended 1/1/23).
CRC 3.670 subparagraphs (c) through (i) are suspended until July 1, 2023 January 1, 2026. CRC 3.672 applies in their place. CRC 3.670 (b) (amended eff 8/4/23).
Circumstances under which in-person appearances are required can be found at CRC 3.672 (d).
See Los Angeles County SmartRules™ procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING.
If a motion to strike is granted, the court will grant leave to amend on terms it deems proper. CCP § 472a (d) (amended eff 1/1/21).
Subject to the limitations of CCP § 430.41 (e), if plaintiff's motion to strike defendant's demurrer is granted the court must allow an answer to be filed on terms that are just. CCP § 472a (c).
If defendant's motion to strike is denied, the court must allow defendant time to answer the complaint. CCP § 472a (d) (amended eff 1/1/21).
The time to answer begins to run with service of notice of ruling of the court's decision. CCP § 1019.5.
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