True/False
Indicate whether the
statement is true or false.
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1.
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A motion for summary adjudication is appropriate only if all
causes of action can be disposed of by the motion.
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2.
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A plaintiff may move for summary judgment 45 days after the
defendant has made a general appearance in the action.
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3.
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A “separate statement” is a document which may
be submitted with a motion for summary judgment, but only if it is relevant to the
issues.
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4.
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If the court does not direct the parties to present oral
argument on a motion, and neither of the parties gives notice of intent to present argument at the
hearing, then the parties “submit to the tentative,” and the ruling becomes
final.
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5.
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Although a party may appear at a hearing by remote means,
courts prefer that the parties appear in person.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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6.
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Which of the following requires a filing fee?
a. | Motion | b. | Opposition to
motion | c. | Reply to opposition to motion | d. | All of the above. |
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7.
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Which of the following
statements is most accurate? a. | Generally, if the trial date is continued, the motion cut-off
date is automatically continued. | b. | A motion for judgment on
the pleadings may be filed when it is too late to file a demurrer, so long as it is at least 30 days
prior to the trial date. | c. | All motions related to
discovery must be heard at least 15 days before the trial date. | d. | Ex parte applications may not be heard remotely. |
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8.
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Which of the following is false as regards proposed
orders?
a. | They must be submitted with an ex parte
application. | b. | They must be submitted with
objections to evidence in opposition to an MSJ. | c. | If they are not prepared by
the prevailing party and served on the losing party within five days of the ruling on the
motion, any party may prepare it. | d. | The losing party has five
days plus the extra time provided by C.C.P. §§ 1013 or 1010.6 in which to serve objections
to a proposed order. |
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9.
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A material
fact alleged in a complaint is conclusively established if: a. | It is not denied in the answer. | b. | It is admitted or deemed admitted in discovery. | c. | The plaintiff introduces evidence establishing the fact, and the defendant has no
evidence to refute it. | d. | All of the above.
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10.
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Which of the following may be
heard on an ex parte basis? a. | Motion for summary adjudication | b. | Demurrer and motion to
strike | c. | Request for order extending time to serve a summons and
complaint | d. | Motion for summary judgment or, in the alternative, summary
adjudication |
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11.
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What do proposed orders, oppositions to regular motions, and
replies in regular motions have in common?
a. | The deadline for serving them depends on the hearing date.
| b. | They must be served in a manner that ensures delivery by the
close of the next business day. | c. | They require a filing
fee. | d. | They must include points and
authorities. |
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12.
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It is July 8, 2019, and you
are asked to choose the first available hearing for a regular motion. What is the first
available hearing date if you are serving the notice of motion by mail?
a. | August 5 | b. | August
6 | c. | August 7 | d. | None of the
above |
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13.
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What is the deadline for an opposing party to give notice of
intent to appear remotely to oppose an ex parte application?
a. | The close of business one court day before the
hearing. | b. | 2:00 p.m. one court day before the hearing.
| c. | The answer depends upon whether notice is oral or
written. | d. | None of the above. |
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14.
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Which of the following requires an attempt to meet and
confer prior to filing:
a. | Motion to strike. | b. | Demurrer. | c. | Motion for summary
judgment | d. | Ex parte application. | e. | A and B. |
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