Legal Question in Civil Litigation in California
In an Unlawful detainer, how many days is required for a motion to compel hearing? I know a noticed motion can take 16 court days and five mailing days. But in an Unlawful detainer, someone told me its different. That its ten days in total. They forgot to tell me whether its five court days and five for mailing, or just simply ten days. And I dont even know if they are right. I called the court clerk and she didnt know either. Thanks.
2 Answers from Attorneys
There are two types of motions that the law allows 5 days notice to hear. Disscovery and motion for summary judgment. I usually personally serve them to save the extra 5 days. That 5 days that you save may make a big difference. Whenever I represent defendants, I usually serve my discovery as soon as I file my answer. Otherwise, it may be too late to file a motion to compel and get it heard in time before the trial starts. Some UD judges don't like to continue trials to accomodate the defenants.
You have to give five (5) days notice pursuant to Code of Civil Procedure section 1170.8. If you serve notice by mail, you need to add an additional five (5) days. (Code Civ. Proc., sect. 1005, subd. (b).)
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