PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Timing
.........Hearing Date: Earliest
6 Cards On This Topic:

SJ motion may be made: (1) any time after 60 days from general appearance of each party against whom motion is directed, or (2) earlier, as court may direct.

SF Super. Court's general order for expedited SJ on 60 days notice w/out supporting papers except atty certification, conflicts with CCP §437c 's 75 days notice with supporting evidence, and is thus invalid.

SJ motion may be filed prior to one party’s answer and before demurrer decided; with pleading or discovery problems, may be prudent to wait.

D may obtain SJ even though no answer on file and demurrer not yet decided.

When motion must be made after, rather than before, certain date, summary adjudication motion proper if either made or heard after that date.

P can move for SA even though no answer on file.