California CCP 437c: Summary Judgment Deadline Guide
California's summary judgment rules are among the strictest in the country. Miss any one of the three deadlines — 75 days, 14 days, or 5 days — and the court can refuse to hear your papers entirely.
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What is a Motion for Summary Judgment?
A Motion for Summary Judgment (MSJ) asks the court to decide a case — or part of a case — without a trial, on the grounds that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. In California, this is governed by Code of Civil Procedure § 437c.
California Distinction: California's CCP 437c is stricter than the federal standard (FRCP 56). The "Separate Statement of Undisputed Material Facts" is mandatory in California; there is no equivalent requirement in federal court.
The Three-Deadline Timeline
Moving party files the MSJ motion, separate statement, and supporting evidence.
The hearing date must be at least 75 calendar days after service of the motion. This is the minimum notice period.
Opposing party must serve and file their opposition papers, including their own Separate Statement, at least 14 calendar days before the hearing.
Moving party may file a reply to the opposition at least 5 calendar days before the hearing.
The 75-Day Notice Rule (Moving Party)
Under CCP § 437c(a)(2), notice of the motion must be served on all other parties at least 75 days before the time appointed for hearing. This is a minimum — the actual hearing date will depend on court availability and may be set further out.
Personal Service
Minimum 75 days notice. No add-days required.
Service by Mail (within California)
Add 5 calendar days → Minimum 80 days notice (CCP § 1013).
Service by Fax or Overnight Delivery
Add 2 calendar days → Minimum 77 days notice (CCP § 1013).
Electronic Service
Add 2 court days → Minimum 77 days notice (CCP § 1010.6).
14-Day Opposition Deadline
The opposing party must serve and file all opposition papers — including a Responsive Separate Statement — at least 14 calendar days before the hearing (CCP § 437c(b)(2)).
What Must Be Filed with Opposition
- • Responsive Separate Statement: Must respond to each fact in the moving party's Separate Statement — agree, dispute, or state "undisputed but irrelevant"
- • Memorandum of Points and Authorities: Legal argument against the motion
- • Declarations and Evidence: Exhibits, deposition excerpts, declarations
- • Objections to Evidence: If challenging any evidence offered by the moving party
Critical: Failure to file a Responsive Separate Statement is grounds for the court to grant the motion unopposed, even if you file other opposition papers. Do not skip it.
5-Day Reply Deadline
The moving party may serve and file a reply at least 5 calendar days before the hearing (CCP § 437c(b)(4)). The reply responds to the opposition's arguments — but cannot introduce new evidence or arguments not raised in the original motion.
Example Timeline
| Event | Day (personal service) |
|---|---|
| Motion filed & served | Day 0 (March 1) |
| Earliest possible hearing date | Day 75+ (May 15) |
| Opposition deadline | 14 days before hearing (May 1) |
| Reply deadline | 5 days before hearing (May 10) |
The Mandatory Separate Statement
California's Separate Statement of Undisputed Material Facts is a two-column document: the left column states each material fact; the right column cites the supporting evidence. Every fact must be separately stated and individually numbered.
Rule: If you are the moving party and fail to include a Separate Statement, the court shall deny the motion. This is not discretionary under CCP § 437c(b)(1).
Risk of Sanctions
CCP § 437c(q) allows the court to impose sanctions on parties who file a motion for summary judgment without a reasonable basis. California courts take this seriously — particularly in cases where the motion is used as a discovery or delay tactic.
- • Sanctions can be imposed against the party, the attorney, or both
- • Amount is set in the court's discretion
- • A pattern of frivolous motions may result in a prefiling order