law and motion. a motion is an application to the court requesting some kind of relief or court...

Law and MotionLaw and Motion


A Motion is an application to the court A Motion is an application to the court requesting some kind of relief or court requesting some kind of relief or court orderorder

May be oral or writtenMay be oral or written

General types of motionsGeneral types of motions– Procedural MotionsProcedural Motions– Discovery MotionsDiscovery Motions– Dispositive MotionsDispositive Motions– Motions in Limine Motions in Limine


Common Dispositive MotionsCommon Dispositive Motions– DemurrersDemurrers– Motions to StrikeMotions to Strike– Motions to QuashMotions to Quash– Motions for Judgment on the PleadingsMotions for Judgment on the Pleadings– Motions for Summary Judgment or Motions for Summary Judgment or

Summary Adjudication Summary Adjudication – Anti-SLAPP Motions to StrikeAnti-SLAPP Motions to Strike


Contents of All MotionsContents of All Motions– Notice of Motion/MotionNotice of Motion/Motion– Memorandum of Points and AuthoritiesMemorandum of Points and Authorities– Evidence to Support the MotionEvidence to Support the Motion– Proof of Service of the Motion papersProof of Service of the Motion papers

Always check Cal. Rules of Court Always check Cal. Rules of Court andand the Local Rules of the jurisdiction the Local Rules of the jurisdiction relating to content and format of relating to content and format of motionsmotions


Notice of MotionNotice of Motion– Type of relief requestedType of relief requested– When and where the motion will be heardWhen and where the motion will be heard– Designate the supporting papersDesignate the supporting papers– Tentative ruling information, if applicableTentative ruling information, if applicable– Signed by attorneySigned by attorney

Notice required (For most motions)Notice required (For most motions)– 16 16 courtcourt days (plus additional time days (plus additional time

[calendar days] for service by mail, etc.)[calendar days] for service by mail, etc.)

*SACRAMENTO COUNTY TENTATIVE RULING INFORMATION

Pursuant to Local Rule 3.04, the court will make a tentative ruling on themerits of this matter by 2:00 p.m., the court day before the hearing. You may access and download the court’s ruling from the court’s website at http://www.saccourt.ca.gov. If you do not have online access, you may obtain the tentative ruling over the telephone by calling (916)874-8142 and a deputy clerk will read the ruling to you. If you wish to request oralargument, you must contact the courtroom clerk at (916)874-7858 (Department 53) or (916)874-7848 (Department 54) and the opposing party before 4:00 p.m. the court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held.


Evidence to Support the MotionEvidence to Support the Motion– Generally submitted by way of Generally submitted by way of

declarations or affidavitsdeclarations or affidavits– Evidence in the declaration must be Evidence in the declaration must be

admissibleadmissibleDeclarant must be competent to testifyDeclarant must be competent to testify

Declarant must have personal knowledge of Declarant must have personal knowledge of factsfacts

Other evidentiary objections apply i.e. Other evidentiary objections apply i.e. hearsayhearsay


Memorandum of Points and Authorities Memorandum of Points and Authorities (MPA’s or P&A’s)(MPA’s or P&A’s)– Every motion must be supported by MPA’sEvery motion must be supported by MPA’s– MPA’s are the legal arguments and MPA’s are the legal arguments and

authorities in support of the motionauthorities in support of the motion– Length limitsLength limits

15 pp for most motions (20 for Summary 15 pp for most motions (20 for Summary Judgment)Judgment)If over 10 pages must have table of contents If over 10 pages must have table of contents and authoritiesand authoritiesIf longer than 15 pages, prior court order If longer than 15 pages, prior court order requiredrequired


Proof of ServiceProof of Service– All papers must be served on attorneys for All papers must be served on attorneys for

all parties all parties – Proof of Service must be filed with the courtProof of Service must be filed with the court– When calculating the necessary notice, When calculating the necessary notice,

count backward from the date of the count backward from the date of the hearinghearing

– If no Proof of Service or notice is not If no Proof of Service or notice is not sufficient the motion will be taken off sufficient the motion will be taken off calendarcalendar


Opposition to MotionsOpposition to Motions– All other parties may file opposition or All other parties may file opposition or

response to the motionresponse to the motion– Must be filed 9 Must be filed 9 courtcourt days prior to hearing days prior to hearing

and served so as to reach other parties and served so as to reach other parties w/in one dayw/in one day

– Opposition may include:Opposition may include:Points and AuthoritiesPoints and Authorities

DeclarationsDeclarations

Objections to evidence presented in the motionObjections to evidence presented in the motion


Reply to OppositionReply to Opposition– Must be filed 5 Must be filed 5 courtcourt days prior to the days prior to the

hearinghearing– Allows moving party to respond to the Allows moving party to respond to the

OppositionOpposition– Allows moving party to object to any Allows moving party to object to any

evidence presented in oppositionevidence presented in opposition


Tentative RulingsTentative Rulings– Prior to the date set for hearing, most courts Prior to the date set for hearing, most courts

issue a “tentative ruling” based on the issue a “tentative ruling” based on the papers filedpapers filed

– Either party may request a hearing by Either party may request a hearing by Calling court and opposing parties of such request Calling court and opposing parties of such request by by

4 PM the day before the hearing4 PM the day before the hearing

– If no hearing requested the Tentative Ruling If no hearing requested the Tentative Ruling becomes the ruling of the courtbecomes the ruling of the court

– http://www.saccourt.ca.govhttp://www.saccourt.ca.gov


Hearing procedureHearing procedure– Oral argumentOral argument– Telephonic appearance permitted Telephonic appearance permitted

Court Call service – arrange in advanceCourt Call service – arrange in advance

Must be noted on the pleadings prior to the Must be noted on the pleadings prior to the hearinghearing

– Court will issue a “minute order” – clerks Court will issue a “minute order” – clerks notes or tentative rulingnotes or tentative ruling

– Formal Order – CRC Rule 3.1312Formal Order – CRC Rule 3.1312


Motions for ReconsiderationMotions for Reconsideration– Must show either:Must show either:

New factsNew facts

New lawNew law


Particular Dispositive MotionsParticular Dispositive Motions– DemurrersDemurrers– Motion to StrikeMotion to Strike– Motion for Judgment on the PleadingsMotion for Judgment on the Pleadings

Similar to a Demurrer made after pleadings Similar to a Demurrer made after pleadings are closedare closed

– Motions for Summary Judgment and Motions for Summary Judgment and Summary Adjudication – Code of Civil Summary Adjudication – Code of Civil Proc. section 437(c)Proc. section 437(c)


Ex Parte Motions and ApplicationsEx Parte Motions and Applications– Motions made with less than the required Motions made with less than the required

notice due to lack of time or other emergency notice due to lack of time or other emergency circumstancecircumstance

Examples:Examples:– To shorten or extend time for service of noticeTo shorten or extend time for service of notice– To authorize service of summons by To authorize service of summons by

publicationpublication– To obtain temporary relief – restraining order, To obtain temporary relief – restraining order,

temporary injunction, writ of attachmenttemporary injunction, writ of attachment


Ex Parte Motion ProcedureEx Parte Motion Procedure– Always review local rulesAlways review local rules– Call clerk and reserve a hearing date and timeCall clerk and reserve a hearing date and time– Most rules require notice to other parties at least Most rules require notice to other parties at least

by 10am the day before the ex parte hearingby 10am the day before the ex parte hearingNotice may be oral noticeNotice may be oral notice

ContentsContents– Ex Parte ApplicationEx Parte Application– Declarations showing factual basis and noticeDeclarations showing factual basis and notice– Points and AuthoritiesPoints and Authorities– Proposed OrderProposed Order


Special Motions to Strike SLAPP Suits (Anti-Special Motions to Strike SLAPP Suits (Anti-SLAPP Motions)SLAPP Motions)– SLAPP Suit – Strategic Lawsuit Against Public SLAPP Suit – Strategic Lawsuit Against Public

ParticipationParticipation– Suits brought to “chill" or stop the valid exercise Suits brought to “chill" or stop the valid exercise

of a persons constitutional right to free speechof a persons constitutional right to free speech

Anti-SLAPP MotionAnti-SLAPP Motion– A summary procedure used to dispose of a A summary procedure used to dispose of a

SLAPP Suit at the pleading stageSLAPP Suit at the pleading stage– A hybrid between a demurrer and summary A hybrid between a demurrer and summary

judgmentjudgment


Anti – SLAPP MotionAnti – SLAPP Motion– Defendant must show that he/she/it was Defendant must show that he/she/it was

engaged in some engaged in some constitutionally protectedconstitutionally protected activityactivity

– Plaintiff must then produce evidence to Plaintiff must then produce evidence to support its claims and must show a support its claims and must show a “reasonable probability” that plaintiff will “reasonable probability” that plaintiff will prevail at trialprevail at trial

– Most common type of cases are Most common type of cases are Defamation or Invasion of PrivacyDefamation or Invasion of Privacy

Trademark InfringementTrademark Infringement

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