Law and Motion Law and Motion A Motion

Law and Motion

Law and Motion A Motion is an application to the court requesting some kind of relief or court order May be oral or written General types of motions – Procedural Motions – Discovery Motions – Dispositive Motions – Motions in Limine

Law and Motion Common Dispositive Motions – Demurrers – Motions to Strike – Motions to Quash – Motions for Judgment on the Pleadings – Motions for Summary Judgment or Summary Adjudication – Anti-SLAPP Motions to Strike

Law and Motion Contents of All Motions – Notice of Motion/Motion – Memorandum of Points and Authorities – Evidence to Support the Motion – Proof of Service of the Motion papers Always check Cal. Rules of Court and the Local Rules of the jurisdiction relating to content and format of motions

Law and Motion Notice of Motion* – Type of relief requested – When and where the motion will be heard – Designate the supporting papers – Tentative ruling information, if applicable – Signed by attorney Notice required (For most motions) – 16 court days (plus additional time [calendar days] for service by mail, etc. )

*SACRAMENTO COUNTY TENTATIVE RULING INFORMATION Pursuant to Local Rule 3. 04, the court will make a tentative ruling on the merits of this matter by 2: 00 p. m. , the court day before the hearing. You may access and download the court’s ruling from the court’s website at http: //www. saccourt. ca. gov. If you do not have online access, you may obtain the tentative ruling over the telephone by calling (916)874 -8142 and a deputy clerk will read the ruling to you. If you wish to request oral argument, you must contact the courtroom clerk at (916)874 -7858 (Department 53) or (916)874 -7848 (Department 54) and the opposing party before 4: 00 p. m. the court day before the hearing. If you do not call the court and the opposing party by 4: 00 p. m. on the court day before the hearing, no hearing will be held.

Law and Motion Evidence to Support the Motion* – Generally submitted by way of declarations or affidavits – Evidence in the declaration must be admissible Declarant must be competent to testify Declarant must have personal knowledge of facts Other evidentiary objections apply i. e. hearsay

Law and Motion Memorandum of Points and Authorities (MPA’s or P&A’s)* – Every motion must be supported by MPA’s – MPA’s are the legal arguments and authorities in support of the motion – Length limits 15 pp for most motions (20 for Summary Judgment) If over 10 pages must have table of contents and authorities* If longer than 15 pages, prior court order required

Law and Motion Proof of Service – All papers must be served on attorneys for all parties – Proof of Service must be filed with the court – When calculating the necessary notice, count backward from the date of the hearing – If no Proof of Service or notice is not sufficient the motion will be taken off calendar

Law and Motion Opposition to Motions – All other parties may file opposition or response to the motion – Must be filed 9 court days prior to hearing and served so as to reach other parties w/in one day – Opposition may include: Points and Authorities Declarations Objections to evidence presented in the motion

Law and Motion Reply to Opposition – Must be filed 5 court days prior to the hearing – Allows moving party to respond to the Opposition – Allows moving party to object to any evidence presented in opposition

Law and Motion Tentative Rulings – Prior to the date set for hearing, most courts issue a “tentative ruling” based on the papers filed – Either party may request a hearing by Calling court and opposing parties of such request by 4 PM the day before the hearing – If no hearing requested the Tentative Ruling becomes the ruling of the court – http: //www. saccourt. ca. gov

Law and Motion Hearing procedure – Oral argument – Telephonic appearance permitted Court Call service – arrange in advance Must be noted on the pleadings prior to the hearing – Court will issue a “minute order” – clerks notes or tentative ruling – Formal Order – CRC Rule 3. 1312

Law and Motions for Reconsideration – Must show either: New facts New law

Law and Motion Particular Dispositive Motions – Demurrers – Motion to Strike – Motion for Judgment on the Pleadings Similar to a Demurrer made after pleadings are closed – Motions for Summary Judgment and Summary Adjudication – Code of Civil Proc. section 437(c)

Law and Motion Ex Parte Motions and Applications – Motions made with less than the required notice due to lack of time or other emergency circumstance Examples: – To shorten or extend time for service of notice – To authorize service of summons by publication – To obtain temporary relief – restraining order, temporary injunction, writ of attachment

Law and Motion Ex Parte Motion Procedure – Always review local rules – Call clerk and reserve a hearing date and time – Most rules require notice to other parties at least by 10 am the day before the ex parte hearing Notice may be oral notice Contents – – Ex Parte Application* Declarations showing factual basis and notice Points and Authorities Proposed Order

Law and Motion Special Motions to Strike SLAPP Suits (Anti-SLAPP Motions) – SLAPP Suit – Strategic Lawsuit Against Public Participation – Suits brought to “chill" or stop the valid exercise of a persons constitutional right to free speech Anti-SLAPP Motion – A summary procedure used to dispose of a SLAPP Suit at the pleading stage – A hybrid between a demurrer and summary judgment

Law and Motion Anti – SLAPP Motion – Defendant must show that he/she/it was engaged in some constitutionally protected activity – Plaintiff must then produce evidence to support its claims and must show a “reasonable probability” that plaintiff will prevail at trial – Most common type of cases are Defamation or Invasion of Privacy Trademark Infringement