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 Resources for Joinder to Motion

Rulings on Joinder to Motion

51-75 of 156 results

STATE FARM GEN INSURANCE VS. EAST BAY M.U.D.

HEARING ON JOINDER TO MOTION TO CONSOLIDATE RELATED CASES FILED 04-28-16 BY SHARJO INC. * TENTATIVE RULING: * Unopposed – granted.

  • Hearing

    May 25, 2016

LOIS WOODEND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ET AL

S JOINDER TO Motion To Change Venue to Orange County Superior Court: OFF CALENDAR; INEFFECTIVE SERVICE BY FAX WITHOUT STIPULATION FOR SECOND TIME. (302/REQ/he)

  • Hearing

    Jan 18, 2005

REFUGIO VS. CITY OF HERCULES

SPECIAL SET HEARING ON: JOINDER TO MOTION TO STRIKE CROSS-COMPLAINT SET BY CITY OF HERCULES * TENTATIVE RULING: * See Line 3

  • Hearing

    Jul 19, 2018

WOLFE VS WITTEMYER

Joinder To Motion To Strike Filed By Defts Berkowitz And Grant Building Company, Llc CONTINUED TO 9-19 PER AGREEMENT OF THE PARTIES.

  • Hearing

    Aug 07, 2002

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

    Jun 28, 2018

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

    Mar 01, 2018

SABATE USA, INC., ET AL VS. ERIC L. RUDY ET AL

(Joinder) To Motion To Transfer Matter To Placer County ON CALENDAR FOR THURSDAY, AUGUST 3, 2006. DEFENDANT HEFFERNAN INSURANCE BROKERS (Joinder) Motion To Transfer Matter To Placer County IS CONTINUED TO AUGUST 17, 2006 PER EX PARTE ORDER. =(302/REQ)

  • Hearing

    Aug 03, 2006

YINGCHEN SONG VS. RENTAL CAR FINANCE CORPORATION ET AL

., and ESTATE OF JIE LU's Joinder To Motion To Sever Ameriguard Risk Retention Group Form Trial. Deny. = (501/REQ)

  • Hearing

    Mar 13, 2013

CHARLES ENGELBERG VS. ELLEN TSANG, AS TRUSTEE OF THE ARZA TRUST ET AL

Joinder Of Charles Engelberg, As Plaintiff, In Support Of Motion To Consolidate Cases Housing Court Law and Motion Calendar for Wednesday, August 27, 2014, Line 9: PLAINTIFF CHARLES ENGELBERG'S Joinder To Motion To Consolidate Cases. OFF CALENDAR. Motion to consolidate has not been filed. =(501/LKS)

  • Hearing

    Aug 27, 2014

OBDULIA PANIAGUA VS. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL****CASE TRANSFERRED TO SAN JOAQUIN COUNTY****

DEFENDANT LOC TRAN'S Joinder TO Motion To Change Venue IS CONTINUED TO JUNE 3, 2008 ON THE COURT'S OWN MOTION. =(302/PJM)

  • Hearing

    May 06, 2008

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

    May 31, 2018

AMARO VS ANAHEIM ARENA MANAGEMENT LLC

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.

  • Hearing

    May 10, 2019

JACK OSWALD ET AL VS. MITCHELL MENAGED ET AL

MOTION FOR SUMMARY JUDGMENT And Notice Of Joinder To Gary Raughs Motion For Summary Judgment(Joinder To Motion For Summary Judgment) Matter on calendar for Friday, May 30, 2014, Line 2, DEFENDANT RICHARD BICARDO's Joinder To Gary Raugh's Motion For Summary Judgment. Off calendar. Notice of Settlement of Entire Case filed on May 12, 2014. =(302/EHG)

  • Hearing

    May 30, 2014

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

    May 14, 2018

WOLFE VS WITTEMYER

Joinder To Motion To Strike Filed By Defts Berkowitz And Grant Building Company, Llc MOTION TO STRIKE THE ENTIRE COMPLAINT IS DENIED; THE MOTION TO STRIKE SPECIFIC PORTIONS OF THE COMPLAINT IS GRANTED IN FULL. (JH)

  • Hearing

    Sep 19, 2002

CINDY DIAZ ET AL VS. LESLIE A DETRICH ET AL

DEFENDANT LESLIE DETRICH AND SISKIYOU MEDICAL GROUP'S Joinder TO Motion For Change Of Venue IS CONTINUED TO FEBRUARY 21, 2007. ALL PARTIES TO LODGE COURTESY COPIES WITH A COVER LETTER REFLECTING THE NEW HEARING DATE. =(302/PJM)

  • Hearing

    Feb 02, 2007

MARY KEENE ET AL VS. MCKESSON CORPORATION ET AL

S (Joinder) To Motion To Sever Based On Improper Joinder. Continued to December 18, 2012 pursuant to the ex parte order.

  • Hearing

    Nov 08, 2012

MARY KEENE ET AL VS. MCKESSON CORPORATION ET AL

S (Joinder) To Motion To Dismiss Claims For Forum Non Conveniens. Continued to December 18, 2012 pursuant to the ex parte order. = (302/MJM)

  • Hearing

    Nov 08, 2012

MARY KEENE ET AL VS. MCKESSON CORPORATION ET AL

S (Joinder) To Motion To Dismiss Claims For Forum Non Conveniens. Continued to December 18, 2012 pursuant to the ex parte order. = (302/MJM)

  • Hearing

    Nov 08, 2012

ROOSEVELT HOLLINS ET AL VS. A.W.CHESTERTON COMPANY ET AL

S JOINDER TO MOTION TO STRIKE BY CO-DEFENDANT FOSTER WHEELER L.L.C. is continued to JUNE 11, 2007 ON COURT'S OWN MOTION. =(302/PHA)

  • Hearing

    May 31, 2007

YU VS. NORTHLAND INSURANCE COMPANY

1)Defendant Liberty Surplus Insurance Corporation’s Motion for Summary Judgment CCP437c 2)Defendant Northland Insurance Company’s Motion for Summary Judgment or in the Alternative, Summary Adjudication No. 1 3) Defendant Northland Insurance Company’s Motion for Summary Judgment or in the Alternative Summary Adjudication No. 2 4) Defendant Northland Insurance Company’s Joinder to Motion for summary Judgment by Liberty Surplus Insurance Taken off calendar at the request of the moving parties.

  • Hearing

    Oct 28, 2016

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

    Sep 21, 2017

  • Judge

    Melinda Derish

  • County

    San Francisco County, CA

JACK OSWALD ET AL VS. MITCHELL MENAGED ET AL

MOTION FOR SUMMARY ADJUDICATION And Notice Of Joinder To Motion For Summary Adjudication Matter on calendar for Friday, May 30, 2014, Line 2, DEFENDANT GARY RAUGH's Joinder To Bill Powers' Motion For Summary Adjudication. Off calendar. Notice of Settlement of Entire Case filed on May 12, 2014. =(302/EHG)

  • Hearing

    May 30, 2014

JERROLD JACOBY ET AL VS. CITY AND COUNTY OF SAN FRANCISCO, A CALIFORNIA ET AL

Intervenor's Joinder to Motion to Tax Costs is GRANTED in part. The amounts of $73 and $135 are taxed. The motion is other wise denied. = (501/REQ)

  • Hearing

    May 28, 2015

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

    Jun 13, 2018

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