Head’s up to all employment litigators in California – changes are coming to the procedural rules governing filings for Motions for Summary Judgment and Summary Adjudication come January 1, 2025.
Both plaintiffs and defendants in employment litigation often use these motions to either win a case outright, or knock out claims (and hence limit disputed issues) before trial.
Assembly Bill No. 2049 was enacted by the Governor on July 15, 2024 and will amend Section 437(c) of the California Code of Civil Procedure effective January 1, 2025.
Under 437(c) as it stands now, the following deadlines are in place:
- A motion for summary judgment or summary adjudication in a civil action or proceeding must be served and filed at least 75 days before the hearing on the motion;
- An opposition to the motion must be served and filed at least 14 days before the hearing on the motion; and
- A reply to the opposition must be served and filed at least 5 days before the hearing on the motion.
However, the amendments will adjust the statutory deadlines to the following:
- A motion for summary judgment or summary adjudication in a civil action or proceeding must be served and filed at least 81 days before the hearing on the motion;
- An opposition to the motion must be served and filed at least 20 days before the hearing on the motion; and
- A reply to the opposition must be served and filed at least 11 days before the hearing on the motion.
Beyond extending filing deadlines, the amendments will introduce substantive changes to existing law:
- Parties will be prohibited from filing more than one motion for summary judgment against an adverse party without leave of court; and
- Parties will be prohibited from introducing new facts in a reply to an opposition to a motion for summary judgment.
California employment attorneys should take heed of these changes come 2025, which on balance, may bring a positive change to the statutory scheme that had remained largely untouched for 20 years.
Recent Comments