# Notice of Motion Template (California) California's analog to Oregon's "Notice of Hearing" is the **Notice of Motion**. Under Code of Civil Procedure section 1010, every motion must be accompanied by a notice to the opposing party stating the time, date, place, and nature of the hearing. ## Who files it and when The **moving party** files the Notice of Motion with (or as part of) the motion papers, after reserving a hearing date through the court's reservation system (e.g., LASC CRS, SFSC Reservation System). The Notice of Motion is typically combined with the Motion itself in a single document titled: `NOTICE OF MOTION AND MOTION TO [RELIEF SOUGHT]` Some courts and practitioners file the Notice of Motion as a separate document from the Motion and Memorandum. Either format is acceptable. ## Code Civ. Proc., § 1005(b) notice requirements The moving party must serve the Notice of Motion at least **16 court days** before the hearing. Add additional days if service is not by electronic transmission or personal service: - **+5 calendar days** for service by first-class mail (Code Civ. Proc., § 1005(b); CCP § 1013) - **+2 court days** for overnight courier - **+0** for electronic service or personal delivery Court days = all days except Saturdays, Sundays, and California judicial holidays (Code Civ. Proc., § 135). **Exception**: For motions for summary judgment/adjudication, the notice period is **75 days** (Code Civ. Proc., § 437c(a)). Opposition is due 14 days before the hearing; reply 5 days before. ## Scaffolded template — Notice of Motion combined with Motion ``` JANE DOE 123 Main Street Los Angeles, CA 90012 Tel: (213) 555-0100 Email: jane.doe@email.com Defendant, self-represented IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES VELOCITY INVESTMENTS, LLC, ) ) Case No. 24STCV12345 Plaintiff, ) ) DEFENDANT'S NOTICE OF vs. ) MOTION AND MOTION TO ) COMPEL FURTHER JANE DOE, ) RESPONSES TO SPECIAL ) INTERROGATORIES, Defendant. ) SET ONE; MEMORANDUM ) OF POINTS AND ) AUTHORITIES ) ) Date: March 15, 2025 ) Time: 10:00 a.m. ) Dept.: 36 ) Judge: Hon. John Smith ) Reservation No.: 12345678 ───────────────────────────────────────────────────────────── NOTICE OF MOTION AND MOTION TO COMPEL TO PLAINTIFF VELOCITY INVESTMENTS, LLC, AND ITS ATTORNEY OF RECORD [NAME, STATE BAR NO., ADDRESS]: PLEASE TAKE NOTICE that on March 15, 2025, at 10:00 a.m., or as soon thereafter as counsel may be heard, in Department 36 of the above-entitled court, located at 111 N. Hill Street, Los Angeles, California 90012 (Stanley Mosk Courthouse), Defendant Jane Doe will move this Court for an order compelling Plaintiff to serve further responses to Defendant's Special Interrogatories, Set One, Nos. 1-15. This motion is made pursuant to Code of Civil Procedure sections 2030.300 and 2016.040, on the grounds that Plaintiff's responses to Special Interrogatories Nos. 1-15 are incomplete, evasive, and not code-compliant, and that the parties have met and conferred in good faith but were unable to resolve the dispute. This motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Declaration of Jane Doe, the [Separate Statement of] Discovery in Dispute, the records and files of this action, and on such further oral and documentary evidence as may be presented at the hearing. DATED: _________________, 2025. ______________________________________ JANE DOE Defendant, self-represented 123 Main Street Los Angeles, CA 90012 (213) 555-0100 jane.doe@email.com MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION [Brief 1-2 paragraph statement of the nature of the dispute and the relief sought.] II. FACTUAL BACKGROUND [Narrative of the facts supporting the motion, citing to the declaration: "As set forth in the Declaration of Jane Doe ('Doe Decl.'), at ¶ [N], ..."] III. LEGAL STANDARD [Recite the applicable legal standard: "Under Code Civ. Proc., § 2030.300(a), a party may move for an order compelling further responses to interrogatories if the responses are 'evasive or incomplete' or if 'an objection in the response is without merit or too general.'"] IV. ARGUMENT A. [Heading for first argument] [Argument with supporting authority. Cite cases in California Style Manual format: "Smith v. Jones (2021) 55 Cal.App.5th 100, 105."] B. [Heading for second argument, if any] V. CONCLUSION For the foregoing reasons, Defendant respectfully requests that this Court enter an order compelling Plaintiff to serve further code-compliant responses to Special Interrogatories, Set One, Nos. 1-15, within 20 days of the order. DATED: _________________, 2025. ______________________________________ JANE DOE Defendant, self-represented ``` ## What changes per court | Court | Reservation system | Notice posting time | Contest window | |-------|------------------|--------------------|-------------- | | LASC (Stanley Mosk) | LASC CRS online | 2:00 p.m. day before | Call dept. by 4:00 p.m. | | SFSC (Dept. 302) | SFSC Reservation System | 4:00 p.m. day before | Call Dept. 302 by 4:00 p.m. | | Orange County | OC eCourt reservation | 1:30 p.m. day before | Call dept. by 4:00 p.m. | | San Diego | Dept.-specific | Varies by dept. | Call dept. by time specified | | Alameda (Dept. 1) | Call or online | 1:30 p.m. day before | Call Dept. 1 by 4:00 p.m. | | Sacramento | Dept.-specific | Varies | Varies | Always check the specific department's standing orders for local variations from the statewide CRC 3.1308 tentative-ruling rule. ## Pro se filer notes - A self-represented litigant must give the same notice and follow the same CRS/reservation process as an attorney - Include your name, address, phone, and email in the caption block and at the bottom of the signature - Use "Defendant, self-represented" (not "pro se") in the signature block for California state courts - Confirm service on the opposing party: for eFiled documents, check that the opposing party's email is registered in the eFiling portal for eService; if not, serve by mail (+5 days) or personal delivery ## What NOT to include in the Notice of Motion - Factual declarations (those go in the Declaration) - Exhibits (those go in the Declaration or as attachments to the Separate Statement) - Argument (that goes in the Memorandum) The Notice of Motion and the introductory paragraphs of the combined notice/motion identify the relief sought, the basis in statute or rule, and the documents on which the motion relies. The argument itself is in the Memorandum.