Legal Question in Civil Litigation in California
i am filing a motion to vacate a default judgment in los angeles county. how many days are needed from the date i file and mail the notice to counsel? one answer i saw says 14 days plus 5 for mailing. i have seen 31 days. i have seen 21 days plus 5 or 10 for mailing? i have seen 14 plus 5?
2 Answers from Attorneys
Unless otherwise ordered or provided by law, all moving and suporting papers shall be served and filed at least 16 court days before the hearing. A court day is a day that the court is open. The court is not open on Saturdays, Sundays, or judicial holidays. If notice is served by mail, the required 16 day period before the hearing must be increased by five calendar days if the place of mailing and the place of address are in the state of California. If you are mailing to a place in the United States, outside of California, it must be increased by 10 days. (Code Civ. Proc., sect. 1005, subd. (b).)
See Code of Civil Procedure 1005. You ad 5 calendar days for mailing, plus 16 COURT days. That is Court days not calendar days. Its only days the Court is open, so no weekends or court holidays."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. "
(b) 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. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. 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. 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. 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.