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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9089
Experience:  Since 1983
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What is the deadline in California to respond to a motion to

Resolved Question:

What is the deadline in California to respond to a motion to compel discovery in southern California? Opposition must be filed by how many days in advance of the hearing? Paralegal screwed up and did not call timely for extensions either as to the initial discovery periiod was running or evenafter getting meet and confer letters. She has been having extensive health problems. How best to handle so I do not get creamed with sanctions As a result there are presentlly six pending motions to compel. P.S. I am letting her go.
Submitted: 5 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 5 years ago.
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1003-1008
has CCP § 1005(b):

(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.

I hope this information is helpful.
N Cal Attorney and 2 other Business Law Specialists are ready to help you
Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer.