What is a Joinder to Motion?

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.)

Useful Rulings on Joinder to Motion

Recent Rulings on Joinder to Motion

URBAN ROADS, LLC VS. JOHNSON

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.

  • Hearing

URBAN ROADS, LLC VS. JOHNSON

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.

  • Hearing

URBAN ROADS, LLC VS. JOHNSON

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.

  • Hearing

URBAN ROADS, LLC VS. JOHNSON

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.

  • Hearing

KRYSTAL SANDOVAL VS REPUBLIC SERVICES INC ET AL

[TENTATIVE] ORDER RE: DEFENDANT KELLY SERVICES, INC.’S MOTION TO COMPEL ARIBTRATION; DEFENDANT CONSOLIDATED DISPOSAL SERVICE, LLC’S JOINDER TO MOTION TO COMPEL ARBITRATION Background Plaintiff Krystal Sandoval (“Plaintiff”) filed this employment action on November 16, 2017 against Defendants Republic Services, Inc. (“Republic Services”), Kelly Services, Inc. (“Kelly Services”), and Chris Doe. Consolidated Disposal Service, LLC (“CDS”) was added to replace Doe No. 2 on December 29, 2017.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

TORRES VS. BROWN

Motion 4: Joinder to Motion to Strike. Moving Party Defendants Alvin Roy Brown and Timothy Smith. Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi’s demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment.

  • Hearing

TORRES VS. BROWN

Motion 4: Joinder to Motion to Strike. Moving Party Defendants Alvin Roy Brown and Timothy Smith. Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi’s demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment.

  • Hearing

TORRES VS. BROWN

Motion 4: Joinder to Motion to Strike. Moving Party Defendants Alvin Roy Brown and Timothy Smith. Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi’s demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment.

  • Hearing

TORRES VS. BROWN

Motion 4: Joinder to Motion to Strike. Moving Party Defendants Alvin Roy Brown and Timothy Smith. Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi’s demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment.

  • Hearing

TORRES VS. BROWN

Motion 4: Joinder to Motion to Strike. Moving Party Defendants Alvin Roy Brown and Timothy Smith. Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi’s demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment.

  • Hearing

REFUGIO VS. CITY OF HERCULES

SPECIAL SET HEARING ON: JOINDER TO MOTION TO STRIKE CROSS-COMPLAINT SET BY CITY OF HERCULES * TENTATIVE RULING: * Continued per stipulation of counsel.

  • Hearing

PURE ENTERTAINMENT LLC, A CALIFORNIA LIMITED VS. SHUI KING KWON HOM ET AL

CROSS DEFENDANT PURE ENTERTAINMENT LLC'S JOINDER TO MOTION TO STRIKE CROSS COMPLAINT. Pure Entertainments, LLC's Joinder in Motion to Strike Cross Complaint is OFF CALENDAR. Motions are untimely under Code of Civil Procedure Section 1005(b). =(501/REQ)

  • Hearing

HAMMER VS. CLARK

JOINDER TO MOTION FOR SUMMARY JUDGMENT The Motion for Summary Judgment, filed by Defendant Gabriel’s Pool Plastering and Cement (“Gabriel”) is Denied. The presence of any triable issue requires denial of a motion for summary judgment. (C.C.P. § 437c(c); Homestead Sav. v. Sup.Ct. (Dividend Develop. Corp.) (1986) 179 Cal.App.3d 494, 498.) Here, it is undisputed that Mr. Clark was one of the two general partners in Gabriel, and that Mr.

  • Hearing

URBAN ROADS VS. JOHNSON

Moving Party is to give notice. (2) Joinder to Motion: Defendants Todd Johnson and Wasatch Furniture, LLC’s Joinder to the Motion for Receiver and OSC re Preliminary Injunction is also DENIED for the reasons set forth above.

  • Hearing

REFUGIO VS. CITY OF HERCULES

SPECIAL SET HEARING ON JOINDER TO MOTION TO STRIKE CROSS-COMPLAINT SET BY CITY OF HERCULES * TENTATIVE RULING: * Continued per the stipulation of the parties to 06/28/18 at 9:00 a.m. in Dept. 33.

  • Hearing

EICHLER VS. CUSTER SELF STORAGE

Joinder to Motion to Abate Moot in light of the Court’s 05/07/2018 ruling.

  • Hearing

MARABELLA VS. MISSION MEDICAL CENTER

Motion 8 to Motion 11: Joinder to Motion to Strike. Ruling Motion 1-11: Off calendar. First Amended Complaint filed 4/20/18.

  • Hearing

REFUGIO HEIGHTS VS. THE CITY O

SPECIAL SET HEARING ON: JOINDER TO MOTION TO STRIKE CROSS-COMPLAINT SET BY CITY OF HERCULES * TENTATIVE RULING: * Continued to 5/31/18 at 9:00 in Dept. 33.

  • Hearing

WOOLDRIDGE VS. YORBA LINDA WATER DISTRICT

MOTION NO. 1: Demurrer to First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. 2: Joinder to Demurrer to First Amended Complaint by Defendant Wailea Property Partners, LLC MOTION NO. 3: Motion to Strike Portions of First Amended Complaint by Defendant Colliers International Real Estate Management MOTION NO. 4: Joinder to Motion to Strike Portions of First Amended Complaint by Defendant Wailea Property Partners, LLC Joinder Motions: Defendant Wailea Property Partners,

  • Hearing

FRIENDS OF PINE MEADOW VS. CIT

HEARING ON MOTION TO/FOR JOINDER TO MOTION TO DISMISS FILED BY CITY OF MARTINEZ, CITY COUNCIL OF THE CITY OF MARTINEZ * TENTATIVE RULING: * See line 19.

  • Hearing

MARIE ROYCE ATONDO ET AL VS. BROWNING PROPERTIES, L.L.C. ET AL (PLTFS CHALLENGE JUDGE QUIDACHAY)

Defendants Suresh Patel, Sam Devdhara,And 445 O'Farrell Street, Llc'S Joinder To Motion For Order To Compel Plaintiffs' Attendance And Testimony At Deposition And For Sanctions Set for hearing on Thursday, September 21, 2017, Line 2, DEFENDANTS SURESH PATEL, SAM DEVDHARA, AND 445 O'FARRELL STREETK LLC'S Joinder To Motion For Order To Compel Plaintiffs' Attendance And Testimony At Deposition And For Sanctions.

  • Hearing

  • Judge

    Melinda Derish

  • County

    San Francisco County, CA

MARIE ROYCE ATONDO ET AL VS. BROWNING PROPERTIES, L.L.C. ET AL (PLTFS CHALLENGE JUDGE QUIDACHAY)

Defendants Suresh Patel, Sam Devdhara,And 445 O'Farrell Street, Llc'S Joinder To Motion For Order To Compel Plaintiffs' Attendance And Testimony At Deposition And For Sanctions Matter on calendar for Wednesday, August 30, 2017, Line 3, Defendants Suresh Patel, Sam Devdhara, and 445 O'Farrell Street, LLC's Joinder To Motion For Order To Compel Plaintiffs' Attendance And Testimony At Deposition And For Sanctions.

  • Hearing

  • Judge

    Melinda Derish

  • County

    San Francisco County, CA

MARIE ROYCE ATONDO ET AL VS. BROWNING PROPERTIES, L.L.C. ET AL (PLTFS CHALLENGE JUDGE QUIDACHAY)

DEFENDANTs SURESH PATEL, SAM DEVDHARA,and 445 O'FARRELL STREET, LLC's Joinder To Motion For Order To Compel Plaintiffs' Attendance And Testimony At Deposition And For Sanctions transferred to Department 301 to be heard at 9:00 a.m. on August 30, 2017.= (501/REQ)

  • Hearing

BROWN VS MOERLER

RULING AND REASONS Grant motion and joinder to motion. Plaintiff to appear for her deposition at a date and time to be determined at the hearing on this motion. Defendant awarded sanctions of $570 payable by June 30, 2017.

  • Hearing

MAZER VS. BROADMOOR HUNTINGTON HARBOUR COMMUNITY ASSOCIATION

Third-Party Andrea Schoon, LMFT’s Joinder to Motion to Quash is DENIED for the same reason set forth above. Prevailing party is to give notice.

  • Hearing

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