Law and Motion

1. Law and Motion

2. Law and Motion • A Motion is an application to the court requesting some kind of relief or court order • May be oral or written • General types of motions • Procedural Motions • Discovery Motions • Dispositive Motions • Motions in Limine

3. Law and Motion • Common Dispositive Motions • Demurrers • Motions to Strike • Motions to Quash • Motions for Judgment on the Pleadings • Motions for Summary Judgment or Summary Adjudication • Anti-SLAPP Motions to Strike

4. Law and Motion • Contents of All Motions • Notice of Motion/Motion • Memorandum of Points and Authorities • Evidence to Support the Motion • Proof of Service of the Motion papers • Always check Cal. Rules of Court and the Local Rules of the jurisdiction relating to content and format of motions

5. Law and Motion • Notice of Motion* • Type of relief requested • When and where the motion will be heard • Designate the supporting papers • Tentative ruling information, if applicable • Signed by attorney • Notice required (For most motions) • 16 court days (plus additional time [calendar days] for service by mail, etc.)

6. *SACRAMENTO COUNTY TENTATIVE RULING INFORMATION Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. You may access and download the court’s ruling from the court’s website at http://www.saccourt.ca.gov. If you do not have online access, you may obtain the tentative ruling over the telephone by calling (916)874-8142 and a deputy clerk will read the ruling to you. If you wish to request oral argument, you must contact the courtroom clerk at (916)874-7858 (Department 53) or (916)874-7848 (Department 54) and the opposing party before 4:00 p.m. the court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held.

7. Law and Motion • Evidence to Support the Motion* • Generally submitted by way of declarations or affidavits • Evidence in the declaration must be admissible • Declarant must be competent to testify • Declarant must have personal knowledge of facts • Other evidentiary objections apply i.e. hearsay

8. Law and Motion • Memorandum of Points and Authorities (MPA’s or P&A’s)* • Every motion must be supported by MPA’s • MPA’s are the legal arguments and authorities in support of the motion • Length limits • 15 pp for most motions (20 for Summary Judgment) • If over 10 pages must have table of contents and authorities* • If longer than 15 pages, prior court order required

9. Law and Motion • Proof of Service • All papers must be served on attorneys for all parties • Proof of Service must be filed with the court • When calculating the necessary notice, count backward from the date of the hearing • If no Proof of Service or notice is not sufficient the motion will be taken off calendar

10. Law and Motion • Opposition to Motions • All other parties may file opposition or response to the motion • Must be filed 9 court days prior to hearing and served so as to reach other parties w/in one day • Opposition may include: • Points and Authorities • Declarations • Objections to evidence presented in the motion

11. Law and Motion • Reply to Opposition • Must be filed 5 court days prior to the hearing • Allows moving party to respond to the Opposition • Allows moving party to object to any evidence presented in opposition

12. Law and Motion • Tentative Rulings • Prior to the date set for hearing, most courts issue a “tentative ruling” based on the papers filed • Either party may request a hearing by • Calling court and opposing parties of such request by 4 PM the day before the hearing • If no hearing requested the Tentative Ruling becomes the ruling of the court • http://www.saccourt.ca.gov

13. Law and Motion • Hearing procedure • Oral argument • Telephonic appearance permitted • Court Call service – arrange in advance • Must be noted on the pleadings prior to the hearing • Court will issue a “minute order” – clerks notes or tentative ruling • Formal Order – CRC Rule 3.1312

14. Law and Motion • Motions for Reconsideration • Must show either: • New facts • New law

15. Law and Motion • Particular Dispositive Motions • Demurrers • Motion to Strike • Motion for Judgment on the Pleadings • Similar to a Demurrer made after pleadings are closed • Motions for Summary Judgment and Summary Adjudication – Code of Civil Proc. section 437(c)

16. Law and Motion • Ex Parte Motions and Applications • Motions made with less than the required notice due to lack of time or other emergency circumstance • Examples: • To shorten or extend time for service of notice • To authorize service of summons by publication • To obtain temporary relief – restraining order, temporary injunction, writ of attachment

17. Law and Motion • Ex Parte Motion Procedure • Always review local rules • Call clerk and reserve a hearing date and time • Most rules require notice to other parties at least by 10am the day before the ex parte hearing • Notice may be oral notice • Contents • Ex Parte Application* • Declarations showing factual basis and notice • Points and Authorities • Proposed Order

18. Law and Motion • Special Motions to Strike SLAPP Suits (Anti-SLAPP Motions) • SLAPP Suit – Strategic Lawsuit Against Public Participation • Suits brought to “chill" or stop the valid exercise of a persons constitutional right to free speech • Anti-SLAPP Motion • A summary procedure used to dispose of a SLAPP Suit at the pleading stage • A hybrid between a demurrer and summary judgment

19. Law and Motion • Anti – SLAPP Motion • Defendant must show that he/she/it was engaged in some constitutionally protected activity • Plaintiff must then produce evidence to support its claims and must show a “reasonable probability” that plaintiff will prevail at trial • Most common type of cases are • Defamation or Invasion of Privacy • Trademark Infringement