How much notice must a California summary judgment motion give before the hearing?

At least 81 calendar days before the date set for the hearing, computed under Code of Civil Procedure section 12. The period grows if the notice is mailed or served by fax or overnight delivery, so the practical deadline is often longer than 81 days (Cal. Code Civ. Proc. section 437c(a)(2)).

I was served with a California summary judgment motion. When is my opposition due?

Not less than 20 calendar days before the noticed or continued hearing date, counted backward from the hearing rather than forward from when you were served. Your opposition must include a responsive separate statement and your own supporting evidence (Cal. Code Civ. Proc. section 437c(b)(2), (b)(3)).

If I do not oppose a California summary judgment motion, is it automatically granted?

No. Even an unopposed motion must still be evaluated on the papers, and the court must find there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law before granting it (Cal. Code Civ. Proc. section 437c(c)). But not opposing is risky: failing to file a responsive separate statement may, in the court's discretion, be a sufficient ground on its own for granting the motion (Cal. Code Civ. Proc. section 437c(b)(3)).

When is the reply due on a California summary judgment motion?

The moving party's reply must be served and filed not less than 11 calendar days before the noticed or continued hearing date. The reply may not add new evidence, additional material facts, or a new separate statement (Cal. Code Civ. Proc. section 437c(b)(4)).

Did California change its summary judgment deadlines recently?

Yes. Effective January 1, 2025, AB 2049 raised the notice period from 75 to 81 calendar days, the opposition period from 14 to 20 calendar days, and the reply period from 5 to 11 calendar days. Anyone relying on older figures will miscalculate every deadline.

What papers must accompany a California summary judgment motion?

The notice of motion, a separate statement of undisputed material facts in a required two-column format with citations to supporting evidence, a memorandum of points and authorities, and supporting declarations or other evidence. A request for judicial notice is included if appropriate (Cal. Code Civ. Proc. section 437c(b)(1); Cal. Rules of Court, rule 3.1350(c), (d)).

Can I get partial summary judgment in California?

Yes, through summary adjudication of a cause of action, affirmative defense, claim for damages, or duty issue, but only if it completely disposes of that item. A stipulated procedure is also available for a legal issue or a non-punitive damages claim that does not dispose of an entire cause of action; it requires a joint stipulation and the court's permission before filing (Cal. Code Civ. Proc. section 437c(f), (t)).

Is a California summary judgment motion the same as a motion to dismiss or a request to set aside a default?

No. A motion to dismiss and a motion to set aside a default are separate procedures with their own timing rules. This page also covers California state trial court practice only, not summary judgment motions filed in federal court.

California Motion for Summary Judgment

Q: Is there an earliest date a California summary judgment motion can be filed?

Yes. The motion cannot be made until 60 days have elapsed since the general appearance of each party it is directed against, unless the court orders an earlier date for good cause. It also must be heard no later than 30 days before the trial date, absent a court order otherwise (Cal. Code Civ. Proc. section 437c(a)(1), (a)(3)).

California requires 81 calendar days' notice before the hearing, with the opposition due at least 20 calendar days before the hearing and the reply due at least 11 calendar days before the hearing, all counted under Code of Civil Procedure section 437c as amended effective January 1, 2025.

Find out where you stand in California

Which side of the motion are you on?

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Introduction

In California, the party moving for summary judgment must serve the notice of motion and supporting papers at least 81 calendar days before the date set for the hearing, computed under Code of Civil Procedure section 12 (Cal. Code Civ. Proc. section 437c(a)(2)). That period grows if the notice is mailed: 5 more calendar days if mailed within California, 10 more if mailed elsewhere in the United States, 20 more if mailed outside the United States, or 2 more court days if served by fax or another overnight-delivery method. The opposing party's response, called the opposition, must be served and filed not less than 20 calendar days before the noticed or continued hearing date unless the court for good cause orders otherwise, and any reply by the moving party must be served and filed not less than 11 calendar days before that hearing date (Cal. Code Civ. Proc. section 437c(b)(2), (b)(4)). These are the current figures under AB 2049, effective January 1, 2025, which raised the prior 75-day notice, 14-day opposition, and 5-day reply periods. A motion may not be made until 60 days have elapsed since the general appearance of each party the motion targets, unless the court orders an earlier date for good cause, and it must be heard no later than 30 days before the trial date unless the court orders otherwise for good cause (Cal. Code Civ. Proc. section 437c(a)(1), (a)(3)). Summary judgment is granted only if the papers show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law (Cal. Code Civ. Proc. section 437c(c)). The moving party must file a separate statement of undisputed material facts in a required two-column format with citations to supporting evidence, and the opposing party must file a responsive separate statement (Cal. Code Civ. Proc. section 437c(b)(1), (b)(3)). A party generally may not bring more than one summary judgment motion against the same adverse party, though summary adjudication of a specific cause of action, affirmative defense, damages claim, or duty issue that completely disposes of it remains available, along with a stipulated procedure, requiring a joint stipulation and court permission before filing, for a legal issue or a non-punitive damages claim that does not dispose of a whole cause of action (Cal. Code Civ. Proc. section 437c(a)(4), (f), (t)). Filing the motion does not extend the time within which a party must otherwise file a responsive pleading (Cal. Code Civ. Proc. section 437c(a)(3)). Summary judgment is technical, and motions are often lost on procedure, such as an incomplete separate statement, rather than on the merits. An opposed or unopposed motion is not automatically granted; the court must still find no triable issue and that the moving party is entitled to judgment as a matter of law. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers California state trial court practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.

Key Things to Know

1
The moving party must serve notice of the motion at least 81 calendar days before the hearing; the opposition is due at least 20 calendar days before the hearing and the reply at least 11 calendar days before the hearing, all computed under Code of Civil Procedure section 12 (Cal. Code Civ. Proc. section 437c(a)(2), (b)(2), (b)(4)).
2
If you were served with a California summary judgment motion, your opposition deadline is counted backward from the hearing date, not forward from the date of service, and it must include a responsive separate statement plus your own supporting evidence (Cal. Code Civ. Proc. section 437c(b)(3)).
3
An opposed or unopposed California summary judgment motion is not automatically granted. The court must still find there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law before ruling (Cal. Code Civ. Proc. section 437c(c)).
4
These 81-day notice, 20-day opposition, and 11-day reply periods took effect January 1, 2025, under AB 2049, replacing the prior 75-day, 14-day, and 5-day periods. Guides using the older numbers will miscalculate every deadline.
5
The moving party's separate statement of undisputed material facts must use a required two-column format with a citation to supporting evidence for each fact, and failing to file one can be grounds to deny the motion (Cal. Code Civ. Proc. section 437c(b)(1); Cal. Rules of Court, rule 3.1350(d)).
6
A motion cannot be filed until 60 days after the general appearance of each party it targets, unless the court orders an earlier date for good cause, and it must be heard no later than 30 days before trial absent a court order for good cause; a party generally may bring only one summary judgment motion against the same adverse party (Cal. Code Civ. Proc. section 437c(a)(1), (a)(3), (a)(4)).
7
Partial relief is available as summary adjudication of a cause of action, affirmative defense, damages claim, or duty issue that is completely disposed of, or, with a joint stipulation and court permission before filing, through a stipulated procedure for a legal issue or a non-punitive damages claim (Cal. Code Civ. Proc. section 437c(f), (t)). A motion to dismiss, a motion to set aside a default, and federal court practice are different procedures not covered on this page.

Key decisions before you file

Before you file a Motion for Summary Judgment in California, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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[CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

SUPERIOR COURT OF CALIFORNIA COUNTY OF [COUNTY]

Case No. [CASE NUMBER]

NOTICE OF MOTION FOR SUMMARY JUDGMENT

Date: [HEARING DATE] Time: [HEARING TIME] Dept: [DEPARTMENT NUMBER] Judge: [JUDGE NAME]

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [HEARING DATE], at [HEARING TIME], in Department [DEPARTMENT NUMBER] of the above-entitled Court, [MOVING PARTY NAME] will move this Court for an order granting summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] on the ground that there is no triable issue as to any material fact and that [MOVING PARTY NAME] is entitled to judgment as a matter of law, under Code of Civil Procedure section 437c. [IF APPLICABLE: In the alternative, movant seeks summary adjudication of the causes of action, affirmative defenses, claims for damages, or issues of duty specifically stated as follows, under Code of Civil Procedure section 437c(f) and California Rules of Court, rule 3.1350(b): [LIST EACH CAUSE OF ACTION, AFFIRMATIVE DEFENSE, CLAIM FOR DAMAGES, OR ISSUE OF DUTY].]

This motion is based on this Notice of Motion, the accompanying Separate Statement of Undisputed Material Facts, the Memorandum of Points and Authorities, the declarations and evidence filed with this motion, [IF APPLICABLE: a Request for Judicial Notice filed with this motion,] and any oral argument at the hearing.

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

As required by Code of Civil Procedure section 437c(b)(1) and California Rules of Court, rule 3.1350(d), the moving party's separate statement of undisputed material facts is filed as a separate document in the required two-column format, listing each fact the moving party contends is undisputed opposite a citation to the supporting evidence.

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION [SUMMARY OF THE ACTION AND THE GROUNDS FOR THE MOTION]

II. STATEMENT OF UNDISPUTED MATERIAL FACTS [SUMMARY OF THE UNDISPUTED FACTS, WITH REFERENCE TO THE SEPARATE STATEMENT AND SUPPORTING EVIDENCE]

III. LEGAL STANDARD Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Code Civ. Proc. section 437c(c).

IV. ARGUMENT [APPLICATION OF THE STANDARD TO THE UNDISPUTED FACTS, ELEMENT BY ELEMENT]

V. CONCLUSION For the foregoing reasons, [MOVING PARTY NAME] respectfully requests that the Court grant this motion and enter judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME].

SUMMARY ADJUDICATION IN THE ALTERNATIVE

[IF APPLICABLE: If the Court does not grant summary judgment of the entire action, [MOVING PARTY NAME] requests summary adjudication of the following, each of which completely disposes of the item, under Code of Civil Procedure section 437c(f): [LIST OF CAUSES OF ACTION, AFFIRMATIVE DEFENSES, CLAIMS FOR DAMAGES, OR DUTY ISSUES].]

Respectfully submitted,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, STATE ZIP] [PHONE] [EMAIL] [STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], being at least 81 calendar days before the hearing date set above, plus any additional time Code of Civil Procedure section 437c(a)(2) requires for the method of service used (5, 10, or 20 more calendar days for mail; 2 more court days for fax or overnight delivery), a true and correct copy of this Notice of Motion, Separate Statement of Undisputed Material Facts, Memorandum of Points and Authorities, and supporting evidence was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

California Requirements for Motion for Summary Judgment

81-Day Notice Before the Hearing
The moving party must serve the notice of motion and supporting papers at least 81 calendar days before the hearing date, computed under Code of Civil Procedure section 12, with extensions for mail or overnight service (Cal. Code Civ. Proc. section 437c(a)(2)).
20-Day Opposition Deadline Counted Back From the Hearing
The opposition must be served and filed not less than 20 calendar days before the noticed or continued hearing date, counted backward from the hearing rather than forward from service (Cal. Code Civ. Proc. section 437c(b)(2)).
11-Day Reply Deadline
The moving party's reply must be served and filed not less than 11 calendar days before the noticed or continued hearing date and may not include new evidence, additional material facts, or a new separate statement (Cal. Code Civ. Proc. section 437c(b)(4)).
60-Day Earliest Filing After General Appearance
The motion cannot be made until 60 days have elapsed since the general appearance of each party it is directed against, unless the court orders an earlier date on a showing of good cause (Cal. Code Civ. Proc. section 437c(a)(1)).
30-Day Hearing Cutoff Before Trial
The motion must be heard no later than 30 days before the date of trial unless the court, for good cause, orders otherwise (Cal. Code Civ. Proc. section 437c(a)(3)).
Two-Column Separate Statement of Undisputed Material Facts
The moving party must file a separate statement of undisputed material facts in the required two-column format with a citation to supporting evidence for each fact; failing to file one can be grounds to deny the motion (Cal. Code Civ. Proc. section 437c(b)(1); Cal. Rules of Court, rule 3.1350(d)).
Responsive Separate Statement Required From the Opposing Party
The opposition must include a responsive separate statement addressing each fact the moving party contends is undisputed, along with the opposing party's own supporting evidence (Cal. Code Civ. Proc. section 437c(b)(3)).
One Motion Per Adverse Party
A party generally may not bring more than one summary judgment motion against the same adverse party, though the court may grant leave for an additional motion on a showing of good cause; this limit does not apply to summary adjudication motions (Cal. Code Civ. Proc. section 437c(a)(4), (a)(5)).
Summary Adjudication Must Completely Dispose of the Item
A motion for summary adjudication of a cause of action, affirmative defense, claim for damages, or issue of duty is granted only if it completely disposes of that item; a stipulated procedure, requiring a joint stipulation and court permission before filing, covers a legal issue or a non-punitive damages claim that does not (Cal. Code Civ. Proc. section 437c(f)(1), (t)).

Find out where you stand in California

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

California Requirements for Motion for Summary Judgment

81-Day Notice Before the Hearing

20-Day Opposition Deadline Counted Back From the Hearing

11-Day Reply Deadline

60-Day Earliest Filing After General Appearance

30-Day Hearing Cutoff Before Trial

Two-Column Separate Statement of Undisputed Material Facts

Responsive Separate Statement Required From the Opposing Party

One Motion Per Adverse Party

Summary Adjudication Must Completely Dispose of the Item

Frequently Asked Questions