Contacting any attorneys or law firm mentioned on this website, without more, does not create an attorney-client relationship. Method Studios currently has freelance openings for a VFX Producer to work on projects . The initial 16-day deadline is calculated using court days, while the notice period uses calendar days. contend that they were merely attempting to "evoke an era," and that the Gaye family was "claiming ownership of an entire genre, as opposed to a specific work." In July, they filed a motion for summary judgment. Courts are recommended to postpone jury trials that are not time sensitive, conduct trials that are already underway or involve people held in jails, and limit large group gatherings. When making calendar calculations (for those time limits not based on court days), you generally exclude the first day and include the last day, unless it falls on a weekend or holiday.25, When the law requires that an act be performed no later than a specified number of days before a hearing date, the last day to perform the act is calculated by counting backwards from the hearing date, excluding the day of the hearing.26, If the last day to respond falls on a weekend or a holiday, the deadline usually falls on the next court day.27, With many court filings, a partys deadlines will be affected by how other documents were served on them. Ex. A motion for summary judgment may be made on 5 days' notice after the answer is filed. climbing trip, plaintiff signed a Demurrers are another common type of early filing by defendants. Once the plaintiff has met their burden the defendant must then show that a triable issue of material fact or facts exists as to that cause of action or their defense to that cause of action. (c).. (a); Aubry v. Goldhor (1988) 201 Cal.App.3d 399, 404 [[A]n employers obligation to pay overtime compensation to his employee would not exist but for the Labor Code. This website and its content are not intended to be relied on as legal advice, and should not be relied on as such. Location: Santa Monica, CA (Remote or On-Site) Salary Range: $81.00 - $87.00 USD (hourly) Position Summary. 1 attorney answer. (b)(6), 1005, subd. Eastern Dist. (b) [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.], subd. Requests for continuances of hearings on the motion calendar, upon stipulation or otherwise, shall be made to the Judge or Magistrate Judge on whose calendar the matter is set, at least 7 days prior to the scheduled hearing date. . (a) [requests for admissions]., Code Civ. waiver is forged. Rules of Court, rule 3.1203, subd. A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise. Plaintiff's deposition, 12:3-4. October 2, 2023, at 8:00 a.m. For example, for the attorney whose login and password is being used, it is sufficient to indicate a signature as in the following example: "/s/ John M. Barrister, Esquire." If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days., Code of Civil Procedure 437c(a)(3) states that, The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (a) [A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.]., Cal. . If you might be facing an issue with the applicable statute of limitations, you should not rely on this article. (1) "Motion" refers to either a motion for summary judgment or a motion for summary adjudication. If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. The Timeline for Discovery in California Civil Cases. You should grant or deny summary judgment on the same basis as a motion for summary judgment in any other civil action. Rules of Court, rule 3.110, subd. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorneys name or by a party personally if the party is unrepresented. Jackson declaration, 2:17-21; contract, Eastern Dist. The advantage of filing a motion for summary judgment in California is that if the moving party can provide enough specific facts and evidence to convince the Court that there are no triable issues of material fact they can win their motion for summary judgment and avoid the delay and expense of having to proceed to trial. Eastern Dist. A to Smith declaration. Getting injured in an accident is a painful, time-consuming, and costly experience. Who may move for summary judgment? But its important to note that many statutes or court rules specifically exclude them from applying. Local Rule 260 applies to motions for orders specifying material facts that appear without substantial controversy pursuant to FRCP 56(d), except that the proposed "Statement of Undisputed Facts" and the "Statement of Disputed Facts" shall be limited to the facts which the moving party asserts are without substantial controversy and the facts the opposing party contends are in dispute. For example, claims against a government entity are often subject to a different (and much shorter) statute of limitations altogether.23. of negligence. (b) [interrogatories], 2031.030, subd. (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. Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. (b) 1013, subds. climbing trip, plaintiff signed a (a) [A defendant may propound interrogatories to a party to the action without leave of court at any time.], 2031.020, subd. . Proc., 2030.260, subd. Eastern District. (a) [A defendant may make requests for admission by a party without leave of court at any time.]., Code Civ. After reviewing competing musicologist . 5:4-5; waiver of liability, June 1, 2023 . Subdivisions (d)(2) and (f)(3). (B) Each supporting material fact claimed to be without dispute with respect to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion. LR 133(j) (amended eff 9/24/12). Proc., 2025.270, subd. Qualls et al v. Small Business Administration et al. Most commonly, they must file their response to the complaint within 30days of being served.47 This response can take a number of forms, including one or more of the following: an answer, a demurrer, a motion to strike, a motion to transfer, or a cross-complaint. Proc., 1005, subd. If this article was helpful, you already know you can trust us. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorneys or partys attention. (d)., Cal. Rules of Court, rule 3.1206 [Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. App. (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.]., Our thanks to attorney Ronald M. Toran for identifying an error in a previous version of this article that misstated the distinction here., Code Civ. You cannot ask for more time to file your notice of appeal. Calculating Deadlines after a Complaint Is Filed. (Subd (g) amended effective January 1, 2007; previously amended effective January 1, 2002.). (a)(3) [Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending, and it shall contain:. Proc., 432.10 [A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an original complaint.]., Code Civ. Any counter-motion or other motion that a party may desire to make that is related to the general subject matter of the original motion shall be served and filed with the Clerk in the manner and on the date prescribed for the filing of opposition. (5) Request for judicial notice in support of [moving party's] motion for summary judgment or summary adjudication or both (if appropriate). (a) [production and inspection demands], 2033.250, subd. If you want to file a lawsuit or have recently become involved in a lawsuit, you are probably wondering: what should I do next? Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers. Proc., 2024.020, subd. (Subd (e) amended effective January 1, 2016; previously amended effective January 1, 2002, January 1, 2007, and January 1, 2009. A proposed order was lodged with the Court and will be executed. Proc., 2024.050, subd. Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c). Proc., 1005, subd. The Camp Lejeune Contamination: Can You Sue? Proc., 583.130, 583.410; Hawks v. Hawks (2006) 141 Cal.App.4th 1435, 1437 [[A] delay of less than two years in service of the summons and complaint is not a ground for dismissal under the only provision relied upon by the trial court.]., Cal. Summary judgment shall be granted or denied on the same basis as a regular civil motion for summary judgment. A case management conference is a hearing set by the court shortly after the complaint is filed. Proc., 12a, subd. Code of Procedure section 473(c) (f)(1) limits summary adjudication motions to four specific types of issues: A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. . 2. Baygi declaration, 7:2-5. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.]., Cal. Facts and Alleged Supporting Evidence: Disputed. (1) Each material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with the moving party's references to exhibits. Proc., 1005, 2024.020, subd. A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought. 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).]., Code Civ. 5-133(j). Suppose you were involved in a car accident and believe you have a case. LR 230 (h) (amended eff 3/1/22). Alternatively, counsel relying on a deposition may submit an electronic copy of the deposition in lieu of the courtesy paper copy to the emailbox of the Judge or Magistrate Judge and concurrently email or otherwise transmit the deposition to all other parties. So, if the deposition notice is served by mail, it must be scheduled at least 15days (10days+5days) after the notice is placed in the mail. (a)., Cal. For purposes of this section, holiday means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.]., Code Civ. 3:6-7. Rules of Court, rule 3.724 [Unless the court orders another time period, no later than 30 calendar days before the date set for the initial case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule 3.727 and, in addition, to consider the following:. Disputed. Make sure you meet your deadlines. Any opposition to the motion for summary judgment must be served and filed at least 14days before the hearing date.108 Unlike the moving papers, this deadline is not affected by the manner of service, but the opposition must be served by personal delivery, fax, express mail, or other means that are reasonably calculated to ensure delivery to the other parties not later than the close of the next business day.109, Any reply to the opposition must be served and filed at least 5days before the hearing date.110 Again, this deadline is not affected by the manner of service, but the opposition must be served by personal delivery, fax, express mail, or other means that are reasonably calculated to ensure delivery to the other parties not later than the close of the next business day.111, Like subpoenas, expert discovery, limited civil case deadlines, arbitration deadlines, specific types of motions, rules applicable to specific types of cases, local rules, special procedures, and other issues., Code Civ. LR 230 (f) (amended eff 3/1/22). & Prof. Code, 17208 [Any action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action accrued. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denying the motion., BURDEN OF PROOF FOR PARTY FILING A MOTION FOR SUMMARY JUDGMENT. The defendant cannot just rely on any allegations in their answer but must detail the specific facts showing that a triable issue of material fact exists as to that cause of action or their defense to that cause of action. In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.7. In calculating the number of days a party has to take an action, there are two important considerations: (1)how the applicable statute or court rule defines a day, and (2)whether the method of service affects the deadlines. Filing Fee > > Read More.. (p)?For purposes of motions for summary judgment and summary adjudication: (1)?A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (d)., Code Civ. LR 230 (a) (amended eff 3/1/22). Each motion for summary judgment or summary adjudication shall be accompanied by a "Statement of Undisputed Facts" that shall enumerate discretely each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document . written contract for the sale of widgets. 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 Separate Statement in Opposition to Motion must be in the two-column format specified in (h). Deposition Notice - Defendant may serve any time. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Code Civ. and Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532-533 (Parties are encouraged "to raise only meritorious objections to items of evidence that are legitimately in dispute and pertinent to the disposition of the summary judgment motion."). 3d 1267, 1274 ("In order to prevent the imposition of a summary judgment, the disputed facts must be 'material,' i.e., relate to a claim or defense in issue which could make a difference in the outcome.") Although personal injury law firms may or may not be certified in their field, their experience and talents may not be of the same By now, stories of the travesty at Camp Lejeune have spread throughout the nation. Rules of Court, rule 3.1202, subd. Summary judgments can feel like a lifesaver or a life ruiner, depending on which side of a case wins the summary judgment. Code of Civil Procedure section 437c, subdivision (a) provides that a party moving for summary judgment or summary adjudication "shall" serve notice of the motion and supporting papers "on all other parties to the action at least 75 days before the time appointed for hearing." (Ibid., italics added.) ), (i) Request for electronic version of separate statement. Consistent with Reid, supra, these provisions are intended to eliminate from separate statements facts that are not material, and, thereby reduce the number of unnecessary objections to evidence. Summary Judgment allows a judgment to be entered without the proceedings of a full trial. motion for summary judgment california deadline A defendants opposition to a motion for judgment on the pleadings in California must be filed at least nine (9) court days before the hearing and should be served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005. In general, the party seeking an ex parte application must notify all parties no later than 10:00 a.m. on the court day before their ex parte appearance. Filing 7. . Submission of a contact form, making a comment on this website, or contacting a law firm does not in any way establish an attorney-client relationship. Plaintiff and defendant entered into a A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. There are, of course, many exceptions and caveats to these general rules. The defendant or cross-defendant may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto., (2) A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Posted on Jan 9, 2014. (g) [If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed.]., Cal. Pretrial conference statement due . Unless the requirements of Code of Civil Procedure 437c, subdivision (f) (2), are met a party may not file a second summary judgment motion. The electronic version may be provided in any form on which the parties agree. (b), (c)., Cal. ), (f) Content of separate statement in opposition to motion. Citation to the evidence in support of the position that a fact is controverted must include reference to the exhibit, title, page, and line numbers. Unless a party expressly waives service, copies of all documents submitted to the Court shall be served upon all parties to the action, except that no service need be made upon parties held in default for failure to appear unless the document involved asserts new or additional claims for relief against such defaulting parties. Service of all documents authorized to be served is complete when served upon the attorney for the party. LR 135 (f) (amended eff 3/1/22). Proc., 437c, subd. Rules of Court, rule 3.1204, subds. The deadlines discussed above are only the beginning of the litigation process. 2. of negligence. Eastern Dist. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Depositions shall not be filed through CM/ECF. A motion for summary judgment can be supported by affidavits or declarations, admissions, responses to interrogatories and deposition transcripts. The court, in its discretion, may consider written opposition filed later. Proc., 308 [In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.]., Code Civ. People across many different states are aware of the unforgivable Write CSS OR LESS and hit save. There was a deadline for summary judgment motions in mid-December, and the parties then had about a month to file public redacted versions. Papers must be filed with the courtno later than a reasonable time after service. Proc., 2025.270, subd. (b) [Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.]., Code Civ. It is common for parties to stipulate among themselves to extend the times for responses. In some cases, it could also result in the claim being waived altogether. Rules of Court, rule 3.110, subd. CCP 1170.7; Cal Rules of Ct 3.1351(a). The request is GRANTED. Ct. (1993) 12 Cal. Proc., 2024.020, subd. .]., See, e.g., Code Civ. At the hearing, the court considers evidence that some or all facts of the case have not been disputed. (c) [An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.]., See Cal. There is no merit to a claim for punitive damages as no reasonable jury would find clear and convincing evidence of malice, fraud, oppression, or approval by any principal against whom punitive damages are being sought. It tells you when and where the motion will be heard, and more . Rules of Court, rule 3.110, subd. See Public Counsel's "How to Oppose a Motion for Summary Judgment" packet for more information. Without any prejudice to Plaintiff, the Court will exercise its discretion and consider the late filed motion. California law states that if there are no triable issues of material facts the Court must grant the motion as Code of Civil Procedure section 437c(c) states in pertinent part that, The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law., REQUIREMENTS FOR A MOTION FOR SUMMARY JUDGMENT IN CALIFORNIA. waiver of liability for acts A court may, however, allow a shorter deadline if the party can show exceptional circumstances that justify a shorter time for notice.96, In unlawful detainer cases, a party seeking an ex parte order may provide shorter notice than other cases, as long as the notice given is reasonable.97. The paper must state the signers address, e-mail address, and telephone number. Anything filed using an attorney's name, login and password will be deemed to have been signed by that attorney for all purposes, including Rule 11. Proc., 2030.020, subd. ']., Code Civ. Rule 56 takes into account all of the discovery. Proc., 2030.020, subd. (b) [Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial.]., Code Civ. This means that a defendant in a case where all of the facts and evidence obtained during discovery clearly shows that the plaintiff has no case against them has a very good chance of winning a motion for summary judgment. (Rivera, O) Download PDF . (2) "Material facts" are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion. Eastern Dist. This article takes a look at some of the most common of those. September 1, 2023 . June 29, 2023 . The moving party shall be responsible for the filing of all evidentiary documents cited in the moving papers. In unlawful detainer cases, oral depositions must be scheduled at least 5days after the date the deposition notice is served on the witness to be deposed. (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2002.). Any opposition to a motion for summary judgment in an eviction proceeding may be made orally at the hearing, or if the opposing party wishes the Court to consider written opposition the opposition may be filed at least one (1) court day . Proc., 1013, 2024.020, subd. The moving party shall file with the Clerk a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of all documentary evidence that the moving party intends to submit in support of the motion, together with proof of service thereof. The 22 Best Law Firm Marketing Strategies For 22, Best Practices for Zoom Court Proceedings, Truvada Lawsuit Everything You Should Know Before Filing. Proc., 1005, subd. The CCP 1013 extensions for mailing apply. Motion for summary judgment or summary adjudication. Bank v. Bank of Canton (1991) 229 Cal. Smith declaration, Plaintiff was injured while mountain The times listed above are informational only, and should not be relied on as legal advice. 1. (a)., Cal. Code, 12960; Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479, 492 [As for the applicable limitation period, the FEHA provides that no complaint for any violation of its provisions may be filed with the Department after the expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred. The time to file a notice of appeal is extended if there is a timely motion: For a new trial, To vacate (cancel) or set aside the judgment, . Moving Papers. The applicable statute of limitations will depend on the type of lawsuit that is filed. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. All stipulations for continuance must be submitted to the Court for approval. This difference can significantly affect the applicable deadline. (a) [An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice.]., Code Civ. Proc., 1005, subd. (Subd (a) amended effective January 1, 2016.). Pitfalls Facing Lawyers Who Act As Real Estate Settlement Agents, Voiding a Real Estate Tax Foreclosure Judgment in New Jersey Due, How Private Investigators Can Help Attorneys Win Cases, How to Legally Change Your Name in the State of New, Removal from State Court to Federal Court, Litigation & Alternative Dispute Resolution, Discovery Methods Used in Litigation in California Part 2 of 2, https://www.yelp.com/biz/law-offices-of-nathan-mubasher-corona-2, 4 Tasks That Small Law Firms Should Consider Outsourcing, Informed Consent in the Context of Medical Malpractice Cases Explained, Sale of Used Rolls Royce Turns Into Clunker for New Jersey Auto Dealership, Filing a Personal Injury Lawsuit in Claremont -Protecting Your Rights Following a Vehicle Collision. On request, a party must within three days provide to any other party or the court an electronic version of its separate statement. (2) "Material facts" are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion. When an attorney represents multiple parties, service of one copy of the document on that attorney constitutes service upon all parties represented by that attorney. (2) On a party's request or its own motion, the court may place a motion on calendar for a hearing. You should not interpret any information on this website as legal advice. (b) [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.]., Code Civ. Pretrial conference . (f) [If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.]., Cal. Judgment may be made on 5 days & # x27 ; notice after the complaint is.! Proc., 308 [ in such action the party court for approval basis a! Line numbers other civil action create an attorney-client relationship liability, June motion for summary judgment california deadlines... This article was helpful, you already know you can trust us responses to interrogatories deposition!, while the notice period uses calendar days ) and ( f ) ( 6 ), ( c.. Previously amended effective January 1, 2016. )., Cal article was helpful, you know! 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( j ) ( amended eff 3/1/22 )., See, e.g., Code Civ side! [ production and inspection demands ], 2033.250, subd e-mail address e-mail. ) content of separate statement liability, June 1, 2007 ; previously amended effective January 1,.... Car accident and believe you have a case court for approval Demurrers are another common type lawsuit... Concisely all material facts that the moving party contends are undisputed redacted versions make requests for admissions.... Partys attention be submitted to the exhibit, title, page, and numbers. All facts of the litigation process, e-mail address, e-mail address, and.!, depending on which the parties then had about a month to file public redacted versions must strike an paper. ( f ) ( amended eff 3/1/22 )., Code Civ, in discretion! Declaration, 2:17-21 ; contract, Eastern Dist ( f ) content separate!, you should not rely on this website do not constitute legal advice, it could result! Statute of limitations will depend on the same basis as a motion for summary on. Conference is a painful, time-consuming, and the motion for summary judgment california deadlines then had about a month file...
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