What Are Motions In California Law?

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A motion in California is an application for an order. Basically, you’re asking a California judge to do something. See CCP § 1003.

Generally, you cannot make a motion without a lawsuit. See CCP § 1004.

What Are The Parts Of A Motion?

A motion consists of 3 parts:

  1. Notice of hearing of the motion
  2. The motion itself
  3. A memo of points and authorities in support of the motion.

See CRC Rule 3.1112(a).

A motion should also 1) identify the party bringing the motion 2) name the party the motion is being brought against and 3) state the basis for the motion and the relief sought. See CRC Rule 3.1112(d).

What Rules Govern Motions?

Start with CCP § 1003 et seq.

CCP § 1005 deals with time.

CCP § 1010 deals with forms.

CCP § 1011 et seq deals with service.

Consider too the local rules of the court you’re in.

What Are Some Examples Of Motions?

Examples include Motion to Compel Discovery, Motion to Continue Trial Date, Motion to Set Expert Fees, Demurrer, Motion to Quash, Motion to Strike, Motion to Continue. Arguably, the sky’s the limit.

Note that Motions for Summary Judgment/Summary Adjudication are subject to a separate statutory scheme, CCP § 437c.

What Is The Procedural Process For Motions?

Generally, the procedural process is that a party files a motion, the opposing party files an opposition to the motion, then the party that files the motion files a reply to the opposition.

The court reads the motion, opposition, and reply, and lets the parties give oral argument in support of their positions.

Then the court issues an order granting or denying the motion.

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He has practiced law throughout California, Connecticut, and Louisiana.

Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.

Evan’s practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.

Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.

Associations:

  • Member, State Bar of California
  • Member, San Diego Bar Association
  • Member, Consumer Attorneys of California
  • Member, Consumer Attorneys of San Diego
  • Member, La Jolla Bar Association
  • Member, La Jolla Village Merchants Association
  • Member, San Diego Chamber of Commerce