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.)
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 A...
..er is timely if it is served and filed within the time for noticing the particular motion at issue. (See Persson v. Smart Inventions, Inc. (2005) 125 Cal.App.4th 1141, 1176-1177.) Here, the last day to timely mail-serve and file the subject demurrer or motion to strike was 16 court days before the hearing plus five calendar days, or Thursday, December 28, 2017. (Code Civ. Proc., § 1005, subd. (b)....
PETITION TO COMPEL ARBITRATION IS CONTINUED TO OCTOBER 9, 2019 Defendants’ Petition to Compel Arbitration and Stay Action is CONTINUED to October 9, 2019, at 8:30 am. 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 t...
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 ordere...
..nd amended complaint, and the OFRS Cross-complaint. (Code Civ. Proc., §§ 1281.2, 1281.4.) Cross-defendants PES and CPAC’s joinder is GRANTED. BACKGROUND: Plaintiff Patriot Environmental Services, Inc. brought a second amended complaint against Defendants Thomas Scranton, Randy Balik, Michael Rudley, Steve Isgro, Gerald Barrera, OFRS, Inc., Accuworx USA, Inc., Accurorx West, LLC for (1) breach o...
MOTION TO COMPEL ARBITRATION & REQUEST FOR DISMISSAL MP: Defendant Suterra LLC RP: Plaintiff Jamie Garofalo JOINDER MP: Defendant Matthew Bohnert RP: None Defendant Bohnert’s joinder motion is GRANTED. Defendant Suterra’s motion to compel arbitration is GRANTED. The case is stayed pending arbitration. On August 13, 2019, Plaintiff Jamie Garofalo filed this lawsuit against Defendants Suterra...
..(Disability) C/A 7: Against Suterra and TWC for Failure to Provide Reasonable Accommodation C/A 8: Against Suterra and TWC for Failure to Engage in the Interactive Process C/A 9: Against Suterra and TWC for Violation of California Family Rights Act C/A 10: Against Suterra and TWC for Retaliation for Requesting/Taking CFRA Leave C/A 11: Against Suterra and TWC for Failure to Prevent Discrimin...
My-Phuong Pham, et al. v. Ben Bolton, et al. (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 Plaint...
..annah Owens. Defendant Bolton’s notice of joinder in Defendant Suiski’s motion to strike is GRANTED. Defendant Boltoni’s motion to strike ¶¶ 75, 85, 99 and Prayer, ¶ 19 re: punitive damages is DENIED as to Plaintiffs My-Phuong Pham and John Skyler Owens, and GRANTED without leave to amend as to Plaintiff Suzannah Owens. Both Defendants are ordered to answer the Complaint within 20 days. DISCU...
1/22/19 Dept. 73 Rafael Ongkeko, Judge presiding PATRICIA ANN EMERY v. JENNY MARCHICK, et al. (BC681619) Counsel for plaintiff/opposing party: Michael Lieb; Leemore Kushner (Ervin, etc.) Counsel for defendant/moving party Bank of America, N.A.: Peter Salmon; Jillian Benbow (Aldridge, etc.) Counsel for defendant/joining party Nationstar Mortgage: Terry Bates; Jason Ingber (Reed, etc.) Other counsel...
..of America, N.A.’s motion for judgment on the pleadings is GRANTED with leave to allow Plaintiff to amend the complaint and add a declaratory relief cause of action against Bank of America and Nationstar. DISCUSSION (Please note: Unfortunately, the court’s tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, su...
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Amended Notice Of Joinder To Motion For Judgment On The Pleadings And To Deft Secreatary Of State'S Motion For Judgment On The Pleadings Set for hearing on Friday, January 27, 2012, Line 8. DEFENDANT DEAN LOGAN'S Amended Notice Of Joinder To Motion For Judgment On The Pleadings And To Defendant Secretary Of State'S Motion For Judgment On The Pleadings. Denied as moot. Mr. Logan joined the intervenors' motion and the Court granted that motion without leave to amend.
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.
Joinder To Motion To Enforce Settlement Agreement Set for hearing on Friday, December 16, 2011, Line 12, DEFENDANT JOSEPH SALAMA Joinder To Motion To Enforce Settlement Agreement is Granted. Mr. Gidding has not shown that Mr. Ziser?s execution of the agreement was required for it to be effective. To accommodate Mr. Gidding?s Los Angeles court appearance, the hearing will be at 3pm, not 9:30am.
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.
San Francisco County, CA
(Joinder) To Motion For Judgment On The Pleadings Set for hearing on Tuesday, April 26, 2011, line 10, CROSS-COMPLAINANT ONE SOURCE PLUMBING, INC. (Joinder) To Motion For Judgment On The Pleadings. MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED. PLAINTIFF IS UNABLE TO SUE UNDER A RIGHT OF SUBROGATION DUE TO ITS INSURED'S INCAPICITY TO SUE. FURTHERMORE, PLAINTIFF CANNOT MAINTAIN CLAIMS FOR NEGLIGENCE AND BREACH OF IMPLIED WARRANTY AGAINST THE DEFENDANTS ON ITS OWN. =(302/LMG)
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)
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.
Ventura County, CA
(Joinder) To Motion For Judgment On The Pleadings Set for hearing on Tuesday, March 29, 2011, line 4. CROSS COMPLAINANT ONE SOURCE PLUMBING, INC'S (Joinder) To Motion For Judgment On The Pleadings. Continued to April 26, 2011. Plaintiff to submit courtesy copies of its opposition to department 302 with a cover letter reflecting the new hearing date. See San Francisco Local rule 2.6 B. =(302/LMG)
Notice Of Motion Of Joinder To Motion To Dismiss Or Set Deadline For Completion Of Arbitration Set for hearing on Thursday, February 24, 2011, line 3, DEFENDANT CITIGROUP GLOBAL MARKETS INC. Joinder To Motion To Dismiss Or Set Deadline For Completion Of Arbitration. MOTION TO DISMISS DENIED. MOTION TO SET DEADLINE FOR COMPLETION OF ARBITRATION IS GRANTED. ARBITRATION OF THIS CASE SHALL BE COMPLETED BY FEBRUARY 24, 2012. =(302/LMG)
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)
San Francisco County, CA
DEFENDANT LOC TRAN'S Joinder TO Motion To Change Venue IS CONTINUED TO JUNE 3, 2008 ON THE COURT'S OWN MOTION. =(302/PJM)
DEFENDANT METALCLAD INSULATION CORPORATION'S JOINDER TO MOTION To Transfer Venue IS GRANTED. =(302/PJM/PB)
Joinder To Motion To Stay Action SET FOR HEARING ON THURSDAY, AUGUST 2, 2007, LINE 10. DEFENDANT GRANITE CONSTRUCTION COMPANY'S Joinder To Motion To Stay Action IS GRANTED. SEE TENTATIVE RULING ON DEFENDANT PEAK ENGINEERING'S MOTION FOR STAY. =(302/PJM/KD)
Joinder To Motion To Stay Action SET FOR HEARING ON THURSDAY, JULY 12, 2007, LINE 16. DEFENDANT GRANITE CONSTRUCTION COMPANY'S Joinder To Motion To Stay Action IS CONTINUED TO AUGUST 2, 20007, ON THE COURT'S OWN MOTION. =(302/PJM/KD)
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)
San Francisco County, CA
Amended Joinder To Motion To Stay Or Dismiss Action For Forum Non Conveniens Filed By Co-Deft R.T. Vanderbilt SET FOR HEARING ON MONDAY, APRIL 23, 2007, LINE 2. DEFENDANT F. W. WEBB COMPANY AND GRAYBAR ELECTRIC COMPANY, INC.'S Amended Joinder To Motion To Stay Or Dismiss Action For Forum Non Conveniens Filed By Co-Deft R.T. Vanderbilt: SEE RULING ON MOTION TO STAY. =(302/PJB/PB)
Joinder To Motion To Stay Or Dismiss Action For Forum Non Conveniens Filed By Co-Defendant R.T. Vanderbilt Company, Inc. SET FOR HEARING ON FRIDAY, APRIL 20, 2007, LINE 4. DEFENDANT EATON ELECTRICAL INC.'S Joinder To Motion To Stay Or Dismiss Action For Forum Non Conveniens Filed By Co-Defendant R.T. Vanderbilt Company, Inc. IS CONTINUED TO APRIL 23, 2007. MATTER TO BE HEARD WITH VANDERBILT'S MOTION. =(302/PJB)
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)
(Joinder) To Motion To Transfer Matter To Placer County ON CALENDAR FOR THURSDAY, AUGUST 17, 2006. DEFENDANT HEFFERNAN INSURANCE BROKERS (Joinder) To Motion To Transfer Matter To Placer County IS DENIED. =(302/REA/HE)
(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)
(Joinder) To Motion To Transfer Matter To Placer County CALENDARED ON JULY 18, 2006 DEFENDANT HEFFERNAN INSURANCE BROKERS (Joinder) To Motion To Transfer Matter To Placer County IS CONTINUED TO AUGUST 3, 2006. MOVING PARTY TO PROIVDE COURTESY COPIES WITH A COVER LETTER REFERENCING THE NEW HEARING DATE. =(302/REQ)
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))
(Joinder) To Motion To Transfer Matter To Placer County SET FOR HEARING ON JUNE 7, 2006 DEFENDANT HEFFERNAN INSURANCE BROKERS (Joinder) To Motion To Transfer Matter To Placer County IS OFF CALENDAR, PER NOTICE AND SINGLE ASSIGNMENT. SEE REGISTER OF ACTIONS ENTRY JUNE 1, 2006=(302/REQ)
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)
Joinder To Motion Of Defts Moores, Noell & Mosley To Transfer Venue DEFENDANT STEPHEN GARDNER Joinder To Motion Of Defts Moores, Noell & Mosley To Transfer Venue. GRANTED. (302/JJM)
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