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Tips for scheduling motion hearings in California eviction cases

Tips for scheduling motion hearings in California eviction cases are the topic of this blog post. The time frames in eviction cases in California are very short and therefore choosing the best day of the week to schedule a hearing on certain motions can make a lot of difference for a tenant facing possible eviction. This blog post will discuss my personal opinion as to the best days of the week in which to schedule a hearing on demurrers, motions to quash and motions to strike although some of the tips discussed herein may be useful for other motions as well.

A motion to quash service of summons is generally the first motion that is filed in response to a California eviction complaint assuming that the defendant contends that they were not properly served.

Any hearing on a motion to quash service of summons in a California eviction must be set for hearing within 3-7 calendar days from filing of the motion. See Code of Civil Procedure § 1167.4(a) and California Rule of Court 3.1327(a). If the motion to quash is served by mail than the hearing date may be extended to between 8-12 calendar days because of the additional 5 calendar days required by the provisions of Code of Civil Procedure § 1013. See California Rule of Court 3.1327(a). I want to stress that some Courts and Judges strictly enforce the 3-7 calendar day limitation so you should always check with the local Court clerk to verify the exact time limit allowed in their particular Court.

You also need to remember that some Courts only schedule hearing on motions in eviction cases on certain days of the week so you may not be able to choose the particular day that you want to. However there are some Courts that do schedule hearing on motion in eviction cases several days a week.

It is my personal opinion that the best day to schedule any responsive motion in a California eviction is Monday. My reason for choosing Monday is quite simple. Monday is the best day because even if the motion is denied the defendant has 5 calendar days to respond and 5 calendar days from Monday is Saturday. Code of Civil Procedure § 12(a) states that if the last day to respond is on a Saturday, Sunday or other court holiday then the time period to respond is extended to and includes the next day that is not a holiday. That means that the defendant will actually have until the following Monday or a time period of 7 calendar days to respond

Code of Civil Procedure § 12(a) states that, “If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section

12b, all days that by terms of Section 12b are required to be considered as holidays.”
The second best day to schedule any responsive motion in an eviction in California is Tuesday because 5 calendar days from Monday is Sunday. That means the defendant will actually have until the following Monday to respond or a time period of 6 calendar days to respond.

In my opinion every defendant in a California eviction should schedule the hearing on their motion whenever possible on a Monday or Tuesday. However I also realize that is not always possible.

The third best day to schedule a responsive motion in a California eviction is Friday because that means the 5 calendar days does not end until Wednesday meaning that the defendant not only has over the weekend to work on their response but does not have to file the response until Wednesday before the clerk’s office closes.

Another important issue to consider is to avoid scheduling any demurrer or motion to strike more than 35 calendar days from the date of filing and service of the motion unless that is the earliest date the clerk will give you. That is because some Judges will assume that your demurrer or motion to strike were only filed to delay the eviction and they may not only overrule your demurrer or deny your motion to strike but they may even sanction you. I want to repeat this again. Do NOT schedule a demurrer or motion to strike for more than 35 calendar days from the date of filing and service unless the clerk tells you that is the earliest date they can give you and believe me that rarely happens.

Attorneys or parties in California that would like more information on a California eviction litigation document package containing over 25 sample documents created and sold by the author of this blog post can use the link shown below.

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The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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