San Bernardino, CA asked in Contracts and Civil Litigation for California

Q: Do i have respond to PLAINTIFFS OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADING? I'm the defendant in the case.

My attorney filed a MOTION FOR JUDGMENT ON THE PLEADINGS on March 1, 2024, and the plaintiff just filed an opposition on April 4, 2024. This is in regards to a breach of contract case.

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

A: In California, if the plaintiff has filed an opposition to your motion for judgment on the pleadings, you are not required to file a response. However, you have the option to file a reply brief if you wish to address any new arguments or points raised in the plaintiff's opposition.

Here are a few things to consider:

1. Consult with your attorney: Discuss the plaintiff's opposition with your attorney and whether filing a reply brief would be beneficial for your case.

2. Timeline: If you choose to file a reply brief, be aware of the deadline. In California, a reply brief is typically due within 10 days after the opposition is filed, unless the court specifies otherwise.

3. New arguments: A reply brief should generally not raise new arguments but rather respond to the points made in the opposition.

4. Strength of the opposition: If the plaintiff's opposition raises strong arguments against your motion, a reply brief may help counter those arguments and reinforce your position.

Ultimately, the decision to file a reply brief should be made in consultation with your attorney, who can provide guidance based on the specifics of your case and the arguments presented in the plaintiff's opposition.

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