In Barak v. The Quisenberry Law Firm, 135 Cal.App.4th 654 (2006), the court noted that “when a party merely joins in a motion for summary judgment without presenting its own evidence, the party fails to establish the necessary factual foundation to support the motion”…and that “joining in an argument is different from joining in a motion.” (Id. at 660-661).
The CCP further stresses that “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.” (Id.)
The court, as in most issues, can exercise discretion and order the motion or any papers to be served in a shorter time. (Id.) In Frazee v. Seely, 95 Cal.App.4th 627, 636-637 (2002), the court held that a joinder to motion for summary judgment was denied because of an untimely filing. (Id.) Yet, a court can exercise its discretion if the opposing party does not file an opposition to the joinder motion to consider the motion merits even if it is untimely.
A joinder must be timely in order for the court to consider the motion on the merits. The joinder is timely “if it is served and filed within the time for noticing the particular motion at issue.” (Persson v. Smart Inventions, Inc., 125 Cal.App.4th 1141, 1176-1177 (2006).)
The California Code of Civil Procedure § 1005(b) lays out the guidelines regarding timeliness on a variety of motions, including joinder to motion. The CCP holds that “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.” (CCP § 1005(b).) Further, “the moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” (Id.)
However, “if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days.” (Id.) Finally, “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.” (Id.)
Defendant John Paul Mitchell Systems’ Joinder to Motion is granted. Plaintiff must arbitrate his individual claims against defendants. Plaintiff’s class claims are stricken and dismissed without prejudice. Epic Systems Corp. v. Lewis (2018) 138 Sup. Ct. 1612; Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp. (2010) 559 U.S. 662, 686; Kinecta Alternative Financial Solutions, Inc. v. Superior Court (2012) 205 Cal. App. 4th 506, 510-11. This action is ordered stayed pending completion of the arbitration.
Jan 17, 2020
Orange County, CA
Defendant John Paul Mitchell Systems’ Joinder to Motion is granted. Plaintiff must arbitrate his individual claims against defendants. Plaintiff’s class claims are stricken and dismissed without prejudice. Epic Systems Corp. v. Lewis (2018) 138 Sup. Ct. 1612; Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp. (2010) 559 U.S. 662, 686; Kinecta Alternative Financial Solutions, Inc. v. Superior Court (2012) 205 Cal. App. 4th 506, 510-11. This action is ordered stayed pending completion of the arbitration.
Jan 17, 2020
Orange County, CA
Party: Eddie Turner SUBJECT: (2) Joinder to Motion for Summary Judgment, or in the alternative Summary Adjudication Moving Party: Defendant Nationstar Mortgage LLC (erroneously sued as Nationstar Mortgage) Resp. Party: Eddie Turner The Court GRANTS U.S. Bank’s motion for summary judgment. The Court GRANTS Nationstar’s joinder to the motion for summary judgment. PRELIMINARY COMMENTS: I. Plaintiff’s opposition to the motion for summary judgment was filed on 12/31/2019 and is untimely.
Jan 07, 2020
Real Property
Foreclosure
Los Angeles County, CA
Party: Eddie Turner SUBJECT: (2) Joinder to Motion for Summary Judgment, or in the alternative Summary Adjudication Moving Party: Defendant Nationstar Mortgage LLC (erroneously sued as Nationstar Mortgage) Resp. Party: Eddie Turner The Court GRANTS U.S. Bank’s motion for summary judgment. The Court GRANTS Nationstar’s joinder to the motion for summary judgment. PRELIMINARY COMMENTS: I. Plaintiff’s opposition to the motion for summary judgment was filed on 12/31/2019 and is untimely.
Jan 07, 2020
Real Property
Foreclosure
Los Angeles County, CA
Seely (2002) 95 Cal.App.4th 627, 636-637 [holding that joinder to motion for summary judgment should have been denied as untimely filed].) Here, joinder papers were due by October 29, 2019. As a result, Defendant Bohnert’s November 8, 2019 joinder motion is untimely. However, because Plaintiff did not file an opposition to the joinder motion, the court exercises its discretion to consider the merits. Generally, “only signatories to an arbitration agreement may enforce it. [Citation.]” (Rowe v.
Nov 21, 2019
Employment
Wrongful Term
Los Angeles County, CA
On September 17, 2019, Defendant Antonio Shelly filed a Joinder to Motion. On its own motion, the Court continued the hearing on the instant motion to October 9, 2019 to comply with statutory notice requirements. Defendants seek an order compelling arbitration of all of Plaintiff’s claims and staying the action pending the outcome of arbitration.
Oct 09, 2019
Employment
Wrongful Term
Los Angeles County, CA
The Court notes a Joinder to Motion was filed by Defendant Antonio Shelly on September 17, 2019. The Joinder is untimely pursuant to Code of Civil Procedure section 1005(b). The Court admonishes the parties to strictly comply with the notice requirements set forth in Section 1005(b) going forward. Plaintiff has not opposed the Joinder based on its untimeliness, but on its merits. The Court thus continues the hearing to comply with the statutory notice requirements.
Oct 01, 2019
Employment
Wrongful Term
Los Angeles County, CA
Joinder to Motion Compel Deposition of Plaintiff Plaintiff. Moving Party Defendant Jeffrey Fairbairn. Responding Party Plaintiff Tobey Arietta. Opposition filed. Ruling: Defendant’s request for sanctions is granted. Plaintiff Tobey Arietta shall pay sanctions in the amount of $250.00 to Defendant Rock ‘N’ Robles, Inc. by October 14, 2019. Defendant’s Joinder was timely filed and served.
Sep 16, 2019
Orange County, CA
Joinder to Motion Compel Deposition of Plaintiff Plaintiff. Moving Party Defendant Jeffrey Fairbairn. Responding Party Plaintiff Tobey Arietta. Opposition filed. Ruling: Defendant’s request for sanctions is granted. Plaintiff Tobey Arietta shall pay sanctions in the amount of $250.00 to Defendant Rock ‘N’ Robles, Inc. by October 14, 2019. Defendant’s Joinder was timely filed and served.
Sep 16, 2019
Orange County, CA
(“McDonalds”) JOINDER TO MOTION TO STRIKE: Defendants 2Mangas, Inc. (“2Mangas”), Anthony Lardas (“Lardas”), and Serafin Rodriguez (“Rodriguez”) RESPONDING PARTY: Plaintiff Bernoldor Hair (“Plaintiff”) The Court has considered the moving, opposing and reply papers.
Jul 22, 2019
Employment
Wrongful Term
Los Angeles County, CA
SUBJECT: Motion to Compel Arbitration Joinder to Motion Moving Party: Cross-defendants Meadow, Kromwyk, CPAC Holding, and Shadow Frog Resp. Party: Cross-complainant/Defendant Thomas Scranton Joining Party: Cross-defendants PES and CPAC Cross-defendants’ motion is GRANTED in part and DENIED in part.
Jun 05, 2019
Business
Intellectual Property
Los Angeles County, CA
SUBJECT: Motion to Compel Arbitration Joinder to Motion Moving Party: Cross-defendants Meadow, Kromwyk, CPAC Holding, and Shadow Frog Resp. Party: Cross-complainant/Defendant Thomas Scranton Joining Party: Cross-defendants PES and CPAC Cross-defendants’ motion is GRANTED in part and DENIED in part. Cross-complainant Scranton’s causes of action 1-7 and 12-15 against Cross-defendants are ordered to arbitration pursuant to the CPAC Holding Agreement and Shadow Frog Agreement.
Jun 05, 2019
Business
Intellectual Property
Los Angeles County, CA
(1) MOTION TO SET ASIDE REFEREE’S STATEMENTS OF DECISION; (2) NOTICE OF JOINDER IN MOTION TO SET ASIDE REFEREE’S STATEMENT OF DECISION; (3) MOTION TO SET ASIDE REFEREE’S STATEMENTS OF DECISION; (4) NOTICE OF JOINDER TO MOTION TO SET ASIDE REFEREE’S STATEMENTS OF DECISION MOVING PARTY: (1) Defendant Bank of the West; (2) Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC; (3) Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC; (4) Defendant
May 31, 2019
Los Angeles County, CA
1.Plaintiff Irena Amaro’s Motion for Final Approval of Class Settlement and Motion for Attorney Fees 2.Defendant Anaheim Arena Management LLC’s Joinder to Motion for Final Approval of Class Action Settlement No Tentative will be posted in this matter.
May 10, 2019
Orange County, CA
(1) MOTION TO SET ASIDE REFEREE’S STATEMENTS OF DECISION; (2) NOTICE OF JOINDER IN MOTION TO SET ASIDE REFEREE’S STATEMENT OF DECISION; (3) MOTION TO SET ASIDE REFEREE’S STATEMENTS OF DECISION; (4) NOTICE OF JOINDER TO MOTION TO SET ASIDE REFEREE’S STATEMENTS OF DECISION MOVING PARTY: (1) Defendant Bank of the West; (2) Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC; (3) Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC; (4) Defendant
Feb 20, 2019
Los Angeles County, CA
Seely (2002) 95 Cal.App.4th 627, 636-637 [holding that joinder to motion for summary judgment should have been denied as untimely filed].) Per Code of Civil Procedure section 1005(b), motion papers shall be served and filed at least 16 court days before the hearing. Defendant Bank of America reserved a hearing for its motion for judgment on the pleadings to be held on January 22, 2019. A notice of joinder was due by December 27, 2018.
Jan 22, 2019
Los Angeles County, CA
Seely (2002) 95 Cal.App.4th 627, 636-637 [holding that joinder to motion for summary judgment should have been denied as untimely filed].) Per Code of Civil Procedure section 1005(b), moving papers shall be served and filed at least 16 court days before the hearing. Aztec’s motion contesting Dunn’s application was originally set to be heard on December 12, 2018. Moving papers were thus due by November 16, 2018. Wilshire Borgata filed its joinder motion on October 29, 2018.
Nov 29, 2018
Los Angeles County, CA
(1) MOTION TO STRIKE RE: COMPLAINT; (2) NOTICE OF JOINDER TO MOTION TO STRIKE MOVING PARTY: (1) Defendant Lindsay Suiski (2) Defendant Ben Bolton RESPONDING PARTY(S): (1) & (2) Plaintiffs My-Phuong Pham, et al. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants have constructed a barrier to the easement which Plaintiffs have a right to use. Defendant Lindsay Suiski moves to strike portions of the Complaint.
Nov 26, 2018
Real Property
other
Los Angeles County, CA
(Littler, etc.) (1) DEFENDANT NORTHROP GRUMMMAN CORPORATION’S MOTION TO COMPEL ARBITRATION AND STAY CIVIL ACTION (filed 8/3/18) (2) DEFENDANTS WILLARD, MALONE, AND HOLMES JOINDER TO MOTION TO COMPEL (filed 10/4/18) TENTATIVE RULING Defendants Willard, Malone, Percy Holmes’ joinder motion is GRANTED. Defendant Northrop Grumman Corporation’s motion to compel arbitration: Hear argument. DISCUSSION Joinder Joinder motions must be timely filed. (See, e.g., Frazee v.
Nov 06, 2018
Employment
Wrongful Term
Los Angeles County, CA
(1) MOTION TO CONTINUE TRIAL; (2) JOINDER TO MOTION TO CONTINUE TRIAL MOVING PARTY: (1) Defendant Mildred Lim Almazan; (2) Defendants Joseph Yarman, Robin Jordan, and Sunzone Real Estate Group, Inc. dba The Real Estate Group RESPONDING PARTY(S): (1) & (2) No opposition filed.
Sep 12, 2018
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Defendant Galgas’ Continued Joinder to Motion for Terminating Sanctions Plaintiffs Daniel and Celia Cuellar (“Plaintiffs”) filed this action on November 7, 2016. After multiple demurrers by multiple defendants, Plaintiffs filed their Third Amended Complaint (“TAC”) on June 7, 2018. This action arises out of Plaintiffs’ purchase of a parcel of real property at 22 Deer View Lane in Templeton, California (“Property”) from George Galgas (“Galgas”) and Patricia Galgas in November 2015.
Aug 28, 2018
San Luis Obispo County, CA
SPECIAL SET HEARING ON: JOINDER TO MOTION TO STRIKE CROSS-COMPLAINT SET BY CITY OF HERCULES * TENTATIVE RULING: * See Line 3
Jul 19, 2018
Contra Costa County, CA
Joinder to Motion: Defendants Todd Johnson and Wasatch Furniture, LLC’s Joinder to the Motion for Receiver and OSC re Preliminary Injunction is DENIED for the same reasons set forth above. Moving party is to give notice.
Jul 17, 2018
Orange County, CA
Joinder to Motion: Defendants Todd Johnson and Wasatch Furniture, LLC’s Joinder to the Motion for Receiver and OSC re Preliminary Injunction is DENIED for the same reasons set forth above. Moving party is to give notice.
Jul 17, 2018
Orange County, CA
Joinder to Motion: Defendants Todd Johnson and Wasatch Furniture, LLC’s Joinder to the Motion for Receiver and OSC re Preliminary Injunction is DENIED for the same reasons set forth above. Moving party is to give notice.
Jul 17, 2018
Orange County, CA
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