ARCHIVE OF ISSUES 1 THOUGH 10 The FREE weekly legal newsletter with tips and tactics for California and

Federal litigation!
Created and produced by Stan Burman About the Author Stan Burman I am a freelance paralegal who has worked in California and Federal litigation since 1995. I recently relocated to Asia. I have created over 200 sample legal documents for California and Federal litigation. I enjoy writing and commenting on legal topics. Sample documents published by Stan Burman IMPORTANT NOTICES: Stan Burman © 2013 — ALL RIGHTS RESERVED. No part of this publication may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without express written, dated and signed permission from the author. However, any readers and subscribers are free to use the information contained herein in any legal documents that you wish. DISCLAIMER: Please note that the author of this newsletter, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this newsletter is NOT intended to constitute legal advice. These materials and information contained in this newsletter have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this newsletter is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Subscribers and any other readers should not act upon this information without seeking professional counsel. 1

While every attempt has been made to verify the information provided in this newsletter, neither the author nor his affiliates/partners assume any responsibility for errors, inaccuracies or omissions. The responsibility for any consequences resulting from any suggestion or procedure described hereafter does not lie with the author, publisher or distributors of this newsletter archive.

This archive is the first in a series and contains all of the text from Issues 1 through 10 of my FREE weekly legal newsletter. Stay tuned as I am in the process of preparing an archive for every issue of the newsletter. TABLE OF CONTENTS: * Issue Number 1-Opposition to a motion in California. * Issue Number 1-Special Interrogatories in California. * Issue Number 3-Requests for production of documents in California. * Issue Number 4-Requests for admission in California. * Issue Number 5-Supplemental discovery in California. * Issue Number 6-Discovery in California dissolution (divorce) proceedings. * Issue Number 7-Amendment of pleadings in California. * Issue Number 8-Answering a complaint in California. * Issue Number 9-Personal jurisdiction in California. * Issue Number 10-Obtaining a clerk's judgment in California.


ISSUE NUMBER 1 OPPOSITION TO A MOTION IN CALIFORNIA The topic of the newsletter this week is filing an opposition to a motion in California civil litigation. Failing to file an opposition to a motion may be construed by the Court as an admission that the motion has merit and should be granted. It is therefore extremely important that an opposition be served and filed to the motion. If a party fails to file timely written opposition to a motion or demurrer, the judge may refuse to permit oral argument against the motion. The judge, as a matter of discretion, may consider a request for continuance to allow filing of a written opposition. Because continuances are not favored, valid reasons will have to be shown for the failure to file or late filing of opposing papers. If a continuance is granted, the court may require the opposing party or their counsel to pay fees for the appearance incurred by other parties. See the Rutter Group, Civil Procedure Before Trial, 9:168. The opposition should contain a memorandum of points and authorities citing the reasons that the motion should not be granted, along with citations to the case law and statutory authority that supports the opposition, a declaration should also be included where appropriate. Failure to support the contentions of the opposition with a good argument and citations to authority may result in the unsupported contentions being considered waived by the court. “Contentions are waived when a party fails to support them with reasoned argument and citations to authority.” Moulton Niguel Water Dist. v. Colombo (2003) 111 Cal. App. 4th 1210, 1215. The opposition to the motion must not exceed 15 pages, except in opposition to a summary judgment motion. If the memorandum of points and authorities exceeds 10 pages a table of contents and table of authorities must be included. The page limit does not include exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. See California Rule of Court 3.1113. Code of Civil Procedure Section 1005 states in pertinent part that, “All papers opposing a motion shall be filed with the court and a copy served on each party at least nine court days before the hearing, and 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).” Note that many judges will strictly enforce the requirement that the opposition be served on time, and in the correct manner. TO RECEIVE THE ENTIRE NEWSLETTER ARCHIVE, TAKE THE FOLLOWING 3

STEPS: 1. Visit the following link and subscribe to my FREE newsletter. 2. Once you have become a subscriber, visit the Facebook page for LegalDocsPro at: and like it. 3. Once you have taken steps one and two, send an e-mail to: to let me know. Once I have confirmed that you completed steps one and two you will receive the entire first newsletter archive by e-mail. Yours Truly, Stan Burman


Sign up to vote on this title
UsefulNot useful