Q: This response - 5 court days before hearing, or 10 days before hearing?
Response to OSC re POS of entry of dismissal is Reply (plaintiff's response).
If pos was ordered during case management conference, and served by court by mail, how due date to serve reply is calculated:
5 court days before hearing,
or 10 days before hearing?
A:
Under California law, the due date for serving a reply (plaintiff's response) to an Order to Show Cause (OSC) regarding proof of service of entry of dismissal when the OSC was ordered during a case management conference and served by the court by mail is calculated as follows:
The reply must be filed and served at least 5 court days before the hearing date (not 10 days before the hearing).
This is based on California Code of Civil Procedure Section 1005(b), which states:
"Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California..."
So in this case, since the court served the OSC by mail within California, the plaintiff's reply is due 5 court days before the hearing, not 10 days before. The key distinction is between court days and calendar days.
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