On July 15, 2024, California Assembly Bill No. 2049 was signed, which changes the rules for summary judgment motions in state court effective January 1, 2025. There are a number of deadline changes associated with this bill.
The changes adjust deadlines by six days:
- Summary Judgment and Summary Adjudication motions must be filed 81 days before the hearing date, plus time for service, not 75 days as provided by current law (Code of Civil Procedure § 437c.)
- Opposition papers are now due 20 days before the hearing, instead of 14 days as provided by current law.
- Reply papers are now due 11 days before the hearing, not five days as provided by current law.
Additional, non-deadline changes of note in AB 2049 include a narrow expansion of the opportunity to seek summary adjudication of issues (i.e. partial summary judgment). Under current law, a motion for summary adjudication may only be filed if it completely disposes of a cause of action, an affirmative defense, a claim or damages, such as punitive damages or an issue of duty. The amendment will allow summary adjudication of legal issues that do not completely dispose of a cause of action, affirmative defense, or duty issue, but only if the affected parties stipulate that the motion would further judicial economy, and if the trial court agrees to allow filing.
For more information see: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2049
