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

76-100 of 156 results

DAVID B. LOCKTON VS. DANIEL O'ROURKE ESQ ET AL*****CASE TRANSFERRED TO LOS ANGELES COUNTY*****

And Quinn Emanuel Urquhart Oliver & Hedges, Llp To Transfer Venue To Los Angeles SET FOR HEARING ON JUNE 21, 2006 DEFENDANT MICHAEL O'ROURKE, O'ROURKE, KATTEN & MOODY F/K/A Ntc Of Joinder And Joinder To Motion Of DEFENDANTS' To Transfer Venue To Los Angles County IS GRANTED, AS TO REQUEST FOR FEES DENIED. =(302/JUDGE ALVARADO/PH-EX))

  • Hearing

    Jun 21, 2006

JACK OSWALD ET AL VS. MITCHELL MENAGED ET AL

MOTION FOR SUMMARY JUDGMENT / Joinder To Mo For Summary Judgment By Gary Raugh; Proof Of Service Matter on calendar for Friday, May 30, 2014, Line 2, DEFENDANT MITCHELL MENAGED's Joinder To Motion For Summary Judgment By Gary Raugh. Off calendar. Notice of Settlement of Entire Case filed on May 12, 2014. =(302/EHG)

  • Hearing

    May 30, 2014

GIULIO CARDELLA ET AL VS. ASBESTOS DEFENDANTS B*P AS REFLECTED ON EXHIBITS ET AL

418.10(A)(2) ) Set for hearing on Monday, March 2, 2009, line 1, DEFENDANT HAJOCA CORPORATION'S Joinder To Motion To Stay Dismiss Action Based On Forum Non Conveniens. Off Calendar. Joinder untimely and does not comply with CCP 1005. =(302/CWW)

  • Hearing

    Mar 02, 2009

ROSA KINZI ET AL VS. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC ET AL

Joinder To Mtn To Compel Pltff To Appear For A Neuropsychiatric Examination Matter on calendar for Tuesday, November 25, 2014, Line 4, DEFENDANT PACIFIC BELL TELEPHONE COMPANY DBA AT&T CALIFORNIA Joinder To Motion To Compel Plaintiff To Appear For A Neuropsychiatric Examination. The matter is taken off calendar per moving parties' request. =(302/JPT)

  • Hearing

    Nov 25, 2014

RANDY KENNISON, INDIVIDUALLY AND DOING BUSINESS AS VS. ALLSCRIPTSMISYS LLC, ET AL

Notice Of Joinder To Motoin To Compel Arbitration And For A Stay Of Proceedings Pending Arbitration Set for hearing on Friday, April 15, 2011, line 2, DEFENDANTS SYNNEX CORPORATION, SYNNEX HEALTHCARE SOLUTIONS, A DIVISION OF Notice Of Joinder To Motion To Compel Arbitration And For A Stay Of Proceedings Pending Arbitration. MOTION TO COMPEL ARBITRATION AND FOR STAY OF PROCEEDINGS IS GRANTED. =(302/LMG)

  • Hearing

    Apr 15, 2011

DALE HARM VS THE BANK OF NEW Y

HEARING ON MOTION TO/FOR JOINDER TO MOTION TO DECLARE PLTF A VEXATIOUS FILED BY THE BANK OF NEW YORK MELLON * TENTATIVE RULING: * There are multiple pending matters before the court. In order to fully review the matters and prepare a satisfactory, comprehensive analysis as to each item, the Court continues the hearing on this motion to August 31, 2020 at 9:00 a.m.

  • Hearing

    Aug 10, 2020

  • Judge

    Burch

  • County

    Contra Costa 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

    Aug 17, 2017

MATTER OF THE ALICE M. DOLLAR TRUST

RE: JOINDER TO MOTION TO DISQUALIFY COUNSEL FILED ON 07/20/20 BY PAUL L COSTA, JR PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Drop. Calendared in error by clerk. Need appearances PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances Notes: 1. Objection filed by Anthony Trucks, Randall Hart Sr., Randall Hart Jr., Bradley Costa, Amber Worthen, Ashley Worthen and Vanessa Macon 8/26/19. 2. Response to Objection filed 11/4/19.

  • Hearing

    Aug 11, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ML DOE VS. DOE 1, A CORPORATION

JOINDER TO MOTION TO STAY/QUASH SUBPOENA RULING: The hearing on Non-Party Tod Brown’s Motion to Stay Deposition and Quash Deposition Subpoena to Bishop Tod Brown and Defendant The Roman Catholic Bishop of Orange’s Joinder thereto is CONTINUED to 1/12/21 at 9:00 a.m. in Department C19 pending the outcome of Plaintiff’s “Notice of Submission of Add-On Request and Petition for Coordination (and Request for Stay of Proceedings Prior to Determination of Petition)”.

  • Hearing

    Nov 03, 2020

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

    Jun 02, 2015

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

    Aug 30, 2017

  • Judge

    Melinda Derish

  • County

    San Francisco County, CA

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

    Feb 07, 2017

LARRY GLADDEN VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS ET AL

Joinder To Motion To Dismiss On Asbestos Law and Motion Calendar for Wednesday, October 5, 2011 in Department 503 at 9:30 a.m., Line 1. Defendant City Lights Lighting Showroom?s joinder to defendant Vida Savings Center?s motion to dismiss for failure to prosecute is denied without prejudice. The underlying motion was taken off calendar and defendant?s joinder failed to provide proper notice pursuant to CRC 3.1342. Defendant may re-file to comply with the notice provisions of CRC 3.1342.

  • Hearing

    Oct 05, 2011

KRISTIN ORTIZ VS TESLA, INC., ET AL.

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.

  • Hearing

    Oct 01, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

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

    May 19, 2017

ELSY M TADEO ET AL VS. WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO ET AL

Et Al Set for hearing on Tuesday, January 17, 2012, Line 11, DEFENDANT CAL WESTERN RECONVEYANCE CORPORATION Motion For Joinder To Motion For Order Of Dismissal And Entry Of Judgment Due To Pltfs' Failure To Amend By Deft Wells Fargo Bank N.A. Et Al IS Granted. No opposition filed. 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

    Jan 17, 2012

OCEANVIEW VILLAGE HOMEOWNERS' ASSOCIATION, A VS. 3995 ALEMANY DEVELOPMENT, L.P., A DELAWARE ET AL

s Joinder to motion For Determination Of Good Faith Settlement. Granted. No opposition filed. 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

    Jan 23, 2013

LOUIS YEAGER VS. CARLISLE WIDE PLANK FLOORS INC.

Grant motion of Defendants Carlisle Wide Plank Floors, Inc. and Jason Wolfe, and joinder to motion filed by Defendantss Tenpenny Construction Co. and Timothy Martin Garcia dba Tim Garcia Hardwood Floors. Vacate 6/6/11 trial date. Continue trial for 120 days – date to be determined in open court. No tentative ruling on the other relief requested by Defendant as no authority is cited. Court encourages a meet and confer on these issues.

  • Hearing

    Mar 30, 2011

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

    Jun 09, 2016

  • 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

    Jun 09, 2016

  • Type

    Employment

  • Sub Type

    Wrongful Term

ARIETTA VS. ROCK N. ROBLES, INC

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.

  • Hearing

    Sep 16, 2019

ARIETTA VS. ROCK N. ROBLES, INC

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.

  • Hearing

    Sep 16, 2019

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

    Jun 08, 2018

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

    May 20, 2015

HUMBLE HOLDINGS, INC. VS. GPE PROPERTIES, INC.

Motion 2 Defendant/Cross-Complainant GPE Properties, Inc.’s Joinder to Motion to Compel Arbitration is denied without prejudice for the same reasons set forth above.

  • Hearing

    Oct 15, 2020

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