PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Summary Adjud. Posthearing
.........Mandate Petition
 9 Cards On This Topic:
  • Format of petition and supporting documents.
  • Time limits for seeking review by writ of orders other than SJ.
  • Time limits for seeking review by writ may only be extended by super. ct.
  • Filing motion for reconsid of SJ/SAI does not affect statutory time limit to seek writ review, but ct. can extend time for filing petition for good cause.
  • Motion for reconsid of summary judgment or summary adjudication does not affect statutory time limit for seeking writ review for 10 days; trial ct. can extend time for filing writ petition for good cause.
  • Service of order constitutes notice so as to trigger commencement of Code Civ. Proc. §437c (l) [now (m)(1)] time period.
  • If summary judgment denied, petition for extraordinary relief must be filed w/in 20 days after service of written notice of entry of order.
  • Failure to file timely petition requires denial on jurisdictional grounds.
  • Court of Appeal will consider mandate petition seeking to set aside summary judgment denial.


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