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

76-100 of 154 results

DAVID REPLOGLE VS. JACK EUGENE TEETERS ET AL (PROVIDE ACCESS)

SET FOR HEARING ON TUESDAY, February 7, 2017, LINE 7 DEFENDANT JACK TEETERS Joinder To Motion For Motion For Judgment On The Pleadings By Defendants Shane White And Jack Teeters, As Co-Trustees Of The Thomas F. White 1991 Trust. Hearing required. =302/HK

  • Hearing

SOUTHFORK RANCH LLC VS. DAVID BUNN

Joinder to motion filed by Plaintiff and cross-defendant R. Eric King aka Eric King on 11/14/16. Defendant TNC previously filed a cost memo on 8/18/15in the amount of $18,538.82. (Roach declaration, Ex. 1.) To Pl's knowledge, TNC filed no other cost memo in this matter until such time as it sought to prepare and prepared its award for attorneys fees herein at which time it included as costs the amount of $74,016.58.

  • Hearing

SOUTHFORK RANCH LLC VS. DAVID BUNN

Joinder to motion filed by Plaintiff and cross-defendant R. Eric King aka Eric King on 11/14/16. Defendant TNC previously filed a cost memo on 8/18/15in the amount of $18,538.82. (Roach declaration, Ex. 1.) To Pl's knowledge, TNC filed no other cost memo in this matter until such time as it sought to prepare and prepared its award for attorneys fees herein at which time it included as costs the amount of $74,016.58.

  • Hearing

SOUTHFORK RANCH LLC VS. DAVID BUNN

Joinder to motion filed by Plaintiff and cross-defendant R. Eric King aka Eric King on 11/14/16. Defendant TNC previously filed a cost memo on 8/18/15in the amount of $18,538.82. (Roach declaration, Ex. 1.) To Pl's knowledge, TNC filed no other cost memo in this matter until such time as it sought to prepare and prepared its award for attorneys fees herein at which time it included as costs the amount of $74,016.58.

  • Hearing

SOUTHFORK RANCH LLC VS. DAVID BUNN

Joinder to motion filed by Plaintiff and cross-defendant R. Eric King aka Eric King on 11/14/16. Defendant TNC previously filed a cost memo on 8/18/15in the amount of $18,538.82. (Roach declaration, Ex. 1.) To Pl's knowledge, TNC filed no other cost memo in this matter until such time as it sought to prepare and prepared its award for attorneys fees herein at which time it included as costs the amount of $74,016.58.

  • Hearing

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

FELICIA DECK ET AL VS. FORD MOTOR COMPANY ET AL

Notice Of Joinder To Motion To Transfer Venue Filed By Ford Motor Company Matter on calendar for Tuesday, October 25, 2016, Line 14, DEFENDANT JOHNSON FORD D/B/A ANTELOPE VALLEY FORD LINCOLN Joinder To Motion To Transfer Venue Filed By Ford Motor Company. The matter is taken off calendar in light of the ruling on the motion sought to be joined. =(302/HK)

  • Hearing

ROBERT BARRY VS. FORD MOTOR COMPANY ET AL

Notice Of Joinder To Motion To Transfer Venue Filed By Ford Motor Company Matter on calendar for Tuesday, October 25, 2016, Line 12, DEFENDANT FUTURE FORD, INC. D/B/A FUTURE FORD LINCOLN Joinder To Motion To Transfer Venue Filed By Ford Motor Company. The matter is taken off calendar in light of the ruling on the motion sought to be joined. =(302/HK)

  • Hearing

ROSEMARY MARTIN VS. FORD MOTOR COMPANY ET AL

Notice Of Joinder To Motion To Transfer Venue Filed By Ford Motor Company Matter on calendar for Tuesday, October 25, 2016, Line 11, DEFENDANT FUTURE FORD, INC. D/B/A FUTURE FORD OF CLOVIS Joinder To Motion To Transfer Venue Filed By Ford Motor Company. The matter is taken off calendar in light of the ruling on the motion sought to be joined. =(302/HK)

  • Hearing

FELICIA DECK ET AL VS. FORD MOTOR COMPANY ET AL

Notice Of Joinder To Motion To Transfer Venue Filed By Ford Motor Company Set for hearing on Tuesday, October 4, 2016, Line 17, DEFENDANT JOHNSON FORD D/B/A ANTELOPE VALLEY FORD LINCOLN's Joinder To Motion To Transfer Venue Filed By Ford Motor Company

  • Hearing

International Society for Animal Rights vs Glenn

Joinder to Motion for Change of Venue Ruling: Off Calendar per MP – no hearing will be held.

  • Hearing

YU VS. NORTHLAND INSURANCE COMPANY

to Motion for Summary Judgment and/or Adjudication 7) Defendant Liberty Surplus Insurance Corporation’s Motion to Vacate Before the Court are six motions for summary judgment filed by the following defendants: (1) Scottsdale Indemnity Company (“Scottsdale”) (2) Liberty Surplus Insurance Corporation (“Liberty”) (3) American Safety Indemnity Company (“American Safety”) (4) Northland Insurance Company (“Northland”), filed 02/04/16 (5) Northland (again), filed 03/04/16 (6) Northland (again, as a joinder to Liberty

  • Hearing

FELIX SOLER VAZQUEZ VS. SBM SITE SERVICES LLC

Grant Joinder to motion to compel arbitration and stay proceeding filed by individual defendant Margarita Chaidez.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

FELIX SOLER VAZQUEZ VS. SBM SITE SERVICES LLC

Grant Joinder to motion to compel arbitration and stay proceeding filed by individual defendant Margarita Chaidez.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

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

AZAR AFSHARIPOUR VS. SAKS FIFTH AVENUE, INC. ET AL

Notice Of Joinder To Motion For Leave To File Under Seal Set for hearing on Friday, April 1, 2016, Line 5, DEFENDANT SAKS & COMPANY'S Joinder To Motion For Leave To File Under Seal is off calendar in light of the ruling on the motion sought to be joined. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests.

  • Hearing

JILL EPPERSON VS. ST. ELIZABETH COMMUNITY HOSPITAL ET AL

Defendant Dignity Health Dba St Elizabeth Community Hospitals Notice Of Joinder And Joinder To Motion To Transfer Action Set for hearing on Thursday, February 4, 2016, Line 13, DEFENDANT DIGNITY HEALTH'S Joinder To Motion To Transfer Action. See the ruling on the motion to transfer action. =(302/HK)

  • Hearing

THE CANDLESTICK - THE COVE HOMEOWNERS ASSOCIATION VS. TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED ET AL

Joinder To Motion To Set Aside Case Management Order No 1 Matter on calendar for Wednesday, July 1, 2015, Line 3, INTERVENOR AIG SPECIALTY INSURANCE COMPANY'S Joinder To Motion To Set Aside Case Management Order No 1. Hearing required. =(302/JMQ)

  • Hearing

THE CANDLESTICK - THE COVE HOMEOWNERS ASSOCIATION VS. TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED ET AL

Joinder To Motion To Set Aside Case Management Order No 1 Matter on calendar for Thursday, June 4, 2015, Line 6, INTERVENOR AIG SPECIALTY INSURANCE COMPANY'S Joinder To Motion To Set Aside Case Management Order No 1. The court grants this motion in part. Defendant demonstrates good cause to withdraw the stipulation and order regarding the appointment of a special master. Defendant agreed that Mr. Henningsen could serve as special master and he is no longer available.

  • Hearing

ARCHIBALD CUNNINGHAM VS. KEVIN SINGER ET AL

DEFENDANTS KEVIN SINGER and ED DELESKI'S Joinder To Motion Of Defendants Coombs And Woods For Prefiling Order For Vexatious Litigant And To Require Security is transferred to Department 302 to be heard on June 2, 2105 at 9:30 a.m. = (501/REQ)

  • Hearing

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

DELMAR STEPHENS VS. C.C. MOORE & CO. ENGINEERS

Joinder To Motion Of Temporary Plant Cleaners, Inc. Motion For An Order Enforcing Plaintiff'S Stipulation And Precluding Plaintiff And His Experts From A Alleging That Multiple Myeloma Is Related To Asbestos Exposure; Proof Of Service On Asbestos Law and Motion Calendar for Wednesday, May 20, 2015 in Department 503, Line 1. Defendant Timec Company, Inc.'s joinder in Temporary Plant Cleaners, Inc.'

  • Hearing

THE CANDLESTICK - THE COVE HOMEOWNERS ASSOCIATION VS. TOP VISION DEVELOPMENT, LLC, A CALIFORNIA LIMITED ET AL

Joinder To Motion To Set Aside Case Management Order No 1 Matter on calendar for Monday, May 18, 2015, Line 4, INTERVENOR AIG SPECIALTY INSURANCE COMPANY'S Joinder To Motion To Set Aside Case Management Order No 1. The motion is continued to June 4, 2015, to give the parties a chance to comply with San Francisco Local Rule 2.6B. AIG and Top Vision shall immediately provide a courtesy copy of their filings with a cover letter reflecting the new hearing date.

  • Hearing

2900 22ND STREET OWNERS' ASSOCIATION VS. SANTANA REAL ESTATE DEVELOPMENT, LLC ET AL

Old Town Glass' Joinder To Motion Matter on calendar for Thursday, March 26, 2015, Line 3, DEFENDANT OLD TOWN GLASS, INC. Old Town Glass' Joinder To Motion. The matter is taken off calendar. The underlying motion, Defendant Pacific Plastering, Inc.'s motion for judgment on the pleadings, has been taken off calendar. =(302/EHG)

  • Hearing

MICHELLE M. CRITSER ET AL VS. HEWLETT-PACKARD COMPANY ET AL

Joinder To Motion To Transfer Venue Matter on calendar for Wednesday, March 4, 2015, Line 2, DEFENDANT HEWLETT-PACKARD COMPANY'S Joinder To Motion To Transfer Venue. Denied. CCP ? 397(c) provides discretionary power to the court to transfer a case "when the convenience of witnesses and the ends of justice would be promoted by the change." The court should only consider the convenience of nonparty witnesses. (Wrin v. Ohlandt (1931) 213 Cal.158, 160.)

  • Hearing

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