Legal Question in Civil Litigation in California

I was sued by a credit card company in California. I filed my answer and served them with discovery. They failed to respond to the discovery request so I filed a Motion to Compel seeking sanctions. Just before the hearing, they filed a Dismissal without Prejudice. I filed a Memorandum of Cost with the court. They mailed me a Motion to Tax but never filed it with the court even though they reserved a date and time for the motion. It has now been 21 days since I served them the Memorandum of Cost and I filed a Proposed Order Awarding Cost with the Court.

My question is this: Am I missing something here? Was mailing me a copy of their Motion to Tax sufficient for the hearing or were they required to file a copy with the Court within the 20 days of my service of the Memorandum of Cost (served by US Mail so 15 days + 5). Any help is greatly appreciated.


Asked on 4/13/12, 9:35 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

They should have filed the motion at least 16 court days prior to the hearing. The court can't rule on a motion that has not been filed. But be careful, if you are relying on the online index or the file in the clerk's office to make the assumption that the motion has not been filed. Many times when a motion is filed, it is sent to a law and motion clerk who drafts a memorandum to the judge who will decide the motion. The motion will often not be filed or indexed in the computer until after the motion has been decided. So your best bet is to assume it was timely filed and prepare a timely opposition and attend the hearing.

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Answered on 4/13/12, 11:58 am


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