PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Timing
.........Opposition Papers
8 Cards On This Topic:

Opposition to summary judgment motion served and filed not less than 14 days preceding noticed or continued hearing date, unless ct. for good cause orders otherwise.

If it appears from opposition that facts essential to justify opposition may exist but cannot then be presented, ct. shall deny motion, order continuance or make other just order.

Tactical considerations for limited time to respond.

Considering drastic nature of SJ remedy, ct. required to exercise discretion and permit late filing of opposition; may also continue hearing and assess costs.

Trial ct. abused its discretion in not granting plaintiff a continuance on an SJ motion hearing where there was no willful violation of procedural rules, and no history of abusing pretrial procedures.

Abuse of discretion to deny plaintiff's continuance request on summary judgment motion where court capriciously gave plaintiff short shrift, and circumstances meriting continuance not plaintiff's fault.

Late filing of opposition stmt did not violate CCP 437c (b)—moving parties' separate stmt did not address material fact, did not assert prima facie SJ entitlement and thus did not shift burden to P to file opposing separate stmt.

Ct. required to exercise discretion and permit late filing of opposition; criteria for allowing untimely opposition; ct. may continue and assess costs.