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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8126
Experience:  Since 1983
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I would like to understand how many business days before a

Resolved Question:

I would like to understand how many business days before a hearing I need to file my Opposition for a Motion to Demur and a Motion to Strike. This is for a lawsuit in California. I would appreciate it if you could refer me to the appropriate place in the Code. Thank you.
Submitted: 4 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 4 years ago.
Filed: 9 Court days prior to the date of the hearing.

Add 5 calendar days to the date of service if the oppositions are served by mail.

http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1003-1008
has
Code of Civil Procedure

1005. (a) Written notice shall be given, as prescribed in
subdivisions (b) and (c), for the following motions:
(1) Notice of Application and Hearing for Writ of Attachment under
Section 484.040.
(2) Notice of Application and Hearing for Claim and Delivery under
Section 512.030.
(3) Notice of Hearing for Claim of Exemption under Section
706.105.
(4) Motion to Quash Summons pursuant to subdivision (b) of Section
418.10.
(5) Motion for Determination of Good Faith Settlement pursuant to
Section 877.6.
(6) Hearing for Discovery of Peace Officer Personnel Records
pursuant to Section 1043 of the Evidence Code.
(7) Notice of Hearing of Third-Party Claim pursuant to Section
720.320.
(8) Motion for an Order to Attend Deposition more than 150 miles
from deponent's residence pursuant to Section 2025.260.
(9) Notice of Hearing of Application for Relief pursuant to
Section 946.6 of the Government Code.
(10) Motion to Set Aside Default or Default Judgment and for Leave
to Defend Actions pursuant to Section 473.5.
(11) Motion to Expunge Notice of Pendency of Action pursuant to
Section 405.30.
(12) Motion to Set Aside Default and for Leave to Amend pursuant
to Section 585.5.
(13) Any other proceeding under this code in which notice is
required and no other time or method is prescribed by law or by court
or judge.

(b) Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five
calendar days if the place of mailing and the place of address are
within the State of California, 10 calendar days if either the place
of mailing or the place of address is outside the State of California
but within the United States, and 20 calendar days if either the
place of mailing or the place of address is outside the United
States, and if the notice is served by facsimile transmission,
express mail, or another method of delivery providing for overnight
delivery, the required 16-day period of notice before the hearing
shall be increased by two calendar days. Section 1013, which extends
the time within which a right may be exercised or an act may be done,
does not apply to a notice of motion, papers opposing a motion, or
reply papers governed by this section. All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party at least nine court days,
and all reply papers at least five
court days before the hearing.
The court, or a judge thereof, may prescribe a shorter time.
(c) 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).
The court, or a judge thereof, may prescribe a shorter time.

The answer is 9 Court days, but court days does not always mean weekdays since some holidays fall on weekdays and most courts in California are now closed one day each month to save money.

If you tell me which County this is in I can find the list of court closure days for your County.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8126
Experience: Since 1983
N Cal Attorney and 8 other Business Law Specialists are ready to help you
Expert:  N Cal Attorney replied 4 years ago.
Thank you for accepting my answer.

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