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

Rulings on Joinder to Motion

1-25 of 146 results

JACK OSWALD ET AL VS. MITCHELL MENAGED ET AL

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

  • Hearing

    May 30, 2014

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 17, 2006. DEFENDANT HEFFERNAN INSURANCE BROKERS (Joinder) To Motion To Transfer Matter To Placer County IS DENIED. =(302/REA/HE)

  • Hearing

    Aug 17, 2006

FIRST SPECIALTY INSURANCE CORPORATION VS. PEAK ENGINEERING INC ET AL

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)

  • Hearing

    Jul 12, 2007

BARRY M ARIKO VS. JOHN J. MOORES

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)

  • Hearing

    Oct 14, 2003

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

    Jul 01, 2015

FIRST SPECIALTY INSURANCE CORPORATION VS. PEAK ENGINEERING INC ET AL

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)

  • Hearing

    Aug 02, 2007

TENESSIA POSEY ET AL VS. MCKESSON CORPORATION ET AL

Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens By Xanodyne Pharmaceuticals, Inc. Matter on calendar for Tuesday, November 6, 2012, Line 20, DEFENDANT MYLAN PHARMACEUTICALS, INC. Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens By Xanodyne Pharmaceuticals, Inc. Continued to December 18, 2012 pursuant to the ex parte order. = (302/EHG)

  • Hearing

    Nov 06, 2012

TENESSIA POSEY ET AL VS. MCKESSON CORPORATION ET AL

Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens Matter on calendar for Tuesday, November 6, 2012, Line 20, DEFENDANT MCKESSON CORPORATION'S Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens. Continued to December 18, 2012 pursuant to the ex parte order. = (302/EHG)

  • Hearing

    Nov 06, 2012

HARRY D WITTHAUER ET AL VS. MCKESSON CORPORATION ET AL

Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens Matter on calendar for Tuesday, November 6, 2012, Line 19, DEFENDANT MCKESSON CORPORATION'S Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens. Continued to December 18, 2012 pursuant to the ex parte order. = (302/EHG)

  • Hearing

    Nov 06, 2012

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

    Oct 25, 2016

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

    Oct 25, 2016

ESTATE OF FRANKLIN GOLDBERG AND JUNA GOLDBERG VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL

Joinder To Motion For Protective Order And Appointment Of A Discovery Referee SET FOR HEARING ON MONDAY, JUNE 25, 2012, LINE 2, DEFENDANTS SUTTER HEALTH, SUTTER WEST BAY HOSPITALS' Joinder To Motion For Protective Order And Appointment Of A Discovery Referee. Continued on the court's own motion to June 28, 2012 at 9:00 am. = (302/JPT)

  • Hearing

    Jun 25, 2012

JOSHUA TYLER VS. SWINERTON INCORPORATED ET AL

(Joinder) To Motion To Transfer To Venue To Sacramento County Matter on calendar for Monday, June 23, 2012, Line 14, DEFENDANTs SWINERTON INCORPORATED, HARBISON-MAHONY-HIGGINS BUILDERS, INC., PRINCIPAL FINANCIAL GROUP's (Joinder) To Motion To Transfer To Venue To Sacramento County. The ruling on the joinder is the same as on the underlying motion. =(302/CK)

  • Hearing

    Jul 23, 2012

THIRD EYE BLIND,INC VS. NORTH AMERICAN SPECIALTY INSURANCE CO

Joinder To Motion For Good Faith Settlement Determination DEFENDANT PROVIDENT FINANCIAL MANAGEMENT Joinder To Motion For Good Faith Settlement Determination HEARING REQUIRED.TO FOCUS PLAINTIFF'S ASSERTION THAT CLAIMS AGAINST .NEAR NORTH ARE SEPARATE AND APART FROM WRONG DOING OF NORTH AMERICAN SPECIALTY INS.CO. (302/REQ/RS)

  • Hearing

    May 01, 2003

THIRD EYE BLIND,INC VS. NORTH AMERICAN SPECIALTY INSURANCE CO

Joinder To Motion For Good Faith Settlement Determination DEFENDANT PROVIDENT FINANCIAL MANAGEMENT Joinder To Motion For Good Faith Settlement Determination CONTINUE TO MAY 1, 2003 ON COURT'S OWN MOTION SO THAT JUDGE QUIDACHAY CAN HEAR.(302/PA/RS)

  • Hearing

    Apr 18, 2003

MARY KEENE ET AL VS. MCKESSON CORPORATION ET AL

(Joinder) To Motion To Sever Based On Improper Joinder Matter on calendar for Thursday, November 8, 2012, Line 15, DEFENDANT MYLAN, INC.'S (Joinder) To Motion To Sever Based On Improper Joinder. Continued to December 18, 2012 pursuant to the ex parte order. = (302/MJM)

  • Hearing

    Nov 08, 2012

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

    Oct 04, 2016

WENDELL RICE ET AL VS. MCKESSON CORPORATION ET AL

Notice Of Joinder To Motion To Dismiss Claims For Forum Non Cenveniens Matter on calendar for Tuesday, November 6, 2012, Line 17, DEFENDANT MCKESSON CORPORATION Notice Of Joinder To Motion To Dismiss Claims For Forum Non Cenveniens. Continued to December 18, 2012 pursuant to the ex parte order. = (302/EHG)

  • Hearing

    Nov 06, 2012

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

(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)

  • Hearing

    Jul 18, 2006

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

(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)

  • Hearing

    Jun 07, 2006

CAIRO INVESTMENTS, LLC VS. BANK OF THE WEST ET AL

Joinder To Motion To Dismiss First Amended Complaint Housing Court Law and Motion Calendar for Wednesday, September 10, 2014, line 2. DEFENDANT DIVP HOSPITALITY VALLEJO, LLC's Joinder To Motion To Dismiss First Amended Complaint Hearing Required to address (1)Non-compliance with CRC 3.1112 and (2)why venue should not transfer. = (501/REQ)

  • Hearing

    Sep 10, 2014

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

    Feb 04, 2016

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

    Mar 26, 2015

TENESSIA POSEY ET AL VS. MCKESSON CORPORATION ET AL

Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens By Xanodyne Pharmaceuticals, Inc. Matter on calendar for Tuesday, November 6, 2012, Line 20, DEFENDANT MYLAN, INC. Notice Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens By Xanodyne Pharmaceuticals, Inc. Continued to December 18, 2012 pursuant to the ex parte order. = (302/EHG)

  • Hearing

    Nov 06, 2012

TERRY FREITAS ET AL VS. MCKESSON CORPORATION ET AL

Ntc Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens Set for hearing on Tuesday, November 6, 2012, Line 15, DEFENDANT ELI LILLY AND COMPANY Ntc Of Joinder To Motion To Dismiss Claims For Forum Non Conveniens Continued to December 18, 2012 pursuant to the ex parte order. =302/EG

  • Hearing

    Nov 06, 2012

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