Q: What is due date to file pos of motion (to set aside dismissal) in California court? What CA rule of court defines date?
What is due date to file pos of motion (to set aside dismissal) in California court?
Is due date connected to date of filing Motion? What CA rule of Court defines due date to file POS?
A:
In California, the deadline to file a proof of service (POS) for a motion to set aside a dismissal is generally the same as the deadline for filing the motion itself. The specific deadlines depend on the code section under which the motion is brought.
For a motion to set aside a dismissal under Code of Civil Procedure (CCP) section 473(b), the motion must be filed within a reasonable time, but no later than six months after the dismissal order was entered. The proof of service would need to be filed with the motion or shortly thereafter.
California Rule of Court 3.1300(c) states: "A proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing."
So in summary:
1. The motion to set aside dismissal under CCP 473(b) must be filed within 6 months of the dismissal order.
2. The proof of service of the motion must be filed no later than 5 court days before the hearing date on the motion.
3. The proof of service due date is tied to the hearing date, not the motion filing date.
However, it's always prudent to file the proof of service as soon as possible after the motion is filed and served. Consult with a local attorney for specific guidance on your case, as there may be other deadlines or requirements that apply.
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