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Law & Motion Basics
Filing motions in California Civil cases may be so familiar it’s “old hat.” Anyone who has faced the sting of a rejected motion filing can affirm that it may be worth reviewing the contents and form requirements.
The most basic, but critical steps, other than ensuring the case number, parties named, and signatures are correct throughout and stating the time, place and location on the caption pages [CRC 3.110(b)(1)], the nature of attached documents [CRC 3.110(b)(2)], filing date of action [CRC 3.110(b)(3)], and trial date, if any [CRC 3.110(b)(4)]. The first paragraph of the motion state the nature of order and grounds [CRC 3.112(a)] as well as the party seeking the order [CRC 3.112(d)(1)], the party against whom the order is sought [CRC 3.112(d)(2)], the basis of motion and the relief sought [CRC 3.112(d)(3)] and if the motion pertains to a pleading the name of the pleading and date executed [CRC 3.112(d)(4)]. As to the memo, it must contain a statement of facts, law, argument and application of law to facts. [CRC 3.112(a)].
Details follow
(1) Notice of hearing on motion; (2) motion itself; & (3) A memorandum in support of the motion or demurrer [CRC 3.1112(a)], with other papers in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings [allowed]. [CRC 3.112(b)]. The papers filed under (a) and (b) may either be filed as separate documents or combined. [CRC 3.112(c)].
Cover page: (1) Hearing Date & Time & location CRC 3.110(b)(1): (2) Nature attached documents CRC 3.110(b)(2); (3) Filing date of action CRC 3.110(b)(3): Trial Date CRC 3.110(b)(4):
A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. [CRC 3.1112(a)]. A motion must: (1) Identify the party or parties bringing the motion; (2) Name the parties to whom it is addressed; (3) Briefly state the basis for the motion and the relief sought; and (4) ID the portion of pleadings challenged. [(d)].
(a) If not supplied an admission of lack of merit. (b) contents - statement of facts; concise statement of law; arguments; discussion of states & cases cited. (c) citations - official volume & year; (d) 10 pages without summary, ToC and ToA, 15 pages with [f]. MSJ 20 pages. (e) application to file longer at least 24 hours before due; (g) court can ignore longer. (j) attached if possible; (k) exhibit page, paragraph line, if possible; (l) RJN separate per with (c).
Mandatory, except the following where not mandatory: [CRC 3.1114(a)]: (1) appointment guardian; (2) extend time for pleading; (3) relieved as counsel; (4) small claims; (5) name or gender; (6) emancipation of minor; prevent abuse violence of (7) harassment; (8) elder or dependent adult abuse; (9) postsecondary school violence; (10) workplace violence; (11) (transitional housing); (12) approve compromise claim of person who is a minor or has a disability; and (13) withdrawal of funds from blocked account. [CRC (a)]. Memo ok if meets CRC 3.1113].
Best practice Summary “Moving Party [Role Name of Moving Party] seeks an order [describe order] against Non-moving Party [Role Name of Moving Party] under the authority of [state code or codes], and related decisions interpreting the same.” The ground[s] of the motion are the following: [(i) ground one; (ii) ground two; (iii) ground 3; (iv) ground 4]. The standard for granting this order is. Therefore granting this order meets the standard.
Note, if disfavored/atypical state authority exists or dispel a common reason to deny. Eg: (a) demurrer, this demurrer is based only on the face of the pleadings and judicially noticeable facts; attached declarations support only the argument for denial of leave, not for sustaining the demurrer. (b) If pre trial financial discovery CCP expressly allows pre-trial financial discovery
Caption of a Decl must state (i) name of declarant and must ID paper it supports/opposes.
(a) Declaration or RJN, unless pre-arranged; (b) if oral, written statement of intent at least 3 days before hearing; (C) RJN per 451 (mandatory - decisional, rules of conduct; procedure, true significance of all English words & phrases; facts & propositions of general knowledge;
(permissive - decisions and rules) if file of court, (1) specify in writing the portion, and (2) make arrangements for the clerk to have the file in the courtroom or confirm the file will be available. (a) Title page, only relevant pages; (b) must show page number; (c) highlight testimony cited
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