Q: Can the Defendant responses defer the 30 day deadline to respond to Motion for Sanctions by a submission response Other?

Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?

RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).

2) HERE: In the defense single filings - submits its answer/s IN REPLY TO Plaintiff’s 16th day (12-06-23) old Answers to its (11-20-23) Demurrer/MTS and CROSS COMPLAINTS.

3). COMES NOW: IN an 82ND day, 10th date to scheduled of its DEMURRER hearings SET to be decided by the court on its 92nd Days in to its schedule to 02-16-24 *A* Reply In Support of its Demurrer to Plaintiff's Complaint. (Abusive delay tactic or no?)


4). RoA#35: 11/15/2023 *A* Declaration - Other filed by Plaintiff: "Notice of Proceedings Abusive Misrepresentation by Defendant and its attorney Not Reported".

5). 34 01/02/2024 *A* Motion for Sanctions filed by Plaintiff: "MOTION FOR SANCTIONS AGAINST LEAD DEFENDANT

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under "Other" after the 30-day deadline, it may be subject to the court's discretion whether to accept or reject the late filing. The court expects parties to adhere to these deadlines to ensure the timely progression of the case, but exceptions can occur under certain circumstances, such as with the court's permission or under specific rules allowing for extended timeframes.

Regarding the submission of documents in reply to an opposition to a motion, or in relation to demurrer hearings, California law provides specific deadlines. For example, a reply to an opposition to a motion should be filed at least five court days before the hearing, unless a different timeline is specified. The 10th day prior to a demurrer hearing usually refers to the deadline for filing opposition papers, with the reply to the opposition due shortly thereafter, again depending on the court's local rules. The detailed scenarios you've described, including the filing of replies and oppositions well beyond standard deadlines, could be seen as dilatory tactics, depending on the context and the absence of justifiable reasons for the delays.

If a party believes that the opposing party is engaging in abusive delay tactics, such as filing responses or motions late without adequate justification, they can address this issue through a motion for sanctions or by raising the concern during a hearing. The court has the authority to impose sanctions for conduct that is contrary to the procedural rules or that abuses the judicial process. It is crucial to document any instances of perceived procedural misconduct and to present a clear argument to the court as to why such behavior warrants sanctions or other corrective action.

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