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Join LACBA, then sign up for the Solo & Small Firms section. Pretty active listserve where you'll get answers to questions like this. More importantly, there are people there who are happy to mentor you as long as you're not an arrogant a-hole and are willing to give back.
Thanks! Unfortunately I’m not a solo or at a small firm. I’m at a big firm with shockingly bad resources and support. But I do appreciate this advice. One day I hope to go out on my own!
No. The way it works is that you reserve a hearing date on the reservation system first, and at that point you get a reservation number. Then you have 3 days to file your papers. You will rarely get a reservation date that won’t allow you enough time to provide notice. They’re backed up and you will likely get a hearing date after trial (although it’s been improving lately). For MSJ, your last possible hearing date is 30 days before trial with 81 days notice. If a hearing date is available before your trial, all you have to do is set it at least 81 days (plus 3 if you want to wait out the 3 days grace period and also however more days depending on how you serve it) in the future. What happens most of the time is that you end up with a hearing date post trial date and you have to go ex parte to move the trial.
Thank you! This was incredibly helpful.
Currently dealing with this and it’s an absolute nightmare. Our calendaring system uses 81 days + 30 days for the deadline (assuming you want the last possible hearing date), but that date will often be unavailable if you wait until 3 days out from the 81-day notice period to book. So, as I see it, your options are:
(A) Calendar a reminder a month or so out from that 81+30 deadline to start checking for reservations. Reserve the date you need early, then cancel & rebook the same date as needed until you’re actually ready to file. But your motion needs to be relatively close to ready as the deadline approaches because, at some point, you may not be able to cancel and rebook that date. (I am currently doing this for two MSAs.)
(B) Wait until the 81+30 deadline (or three days out) to reserve a date & be prepared to seek ex parte relief if the earliest date available is within 30 days of trial or after trial. Your options for ex parte relief are either good cause to hear the MSJ within 30 days of trial *or* a trial continuance so the MSJ can be heard 30 days in advance of trial.
To make things more complicated, there’s also caselaw stating that service of a MSJ set within 30 days of trial isn’t deemed effective *until* there’s a separate ruling of good cause. So if you file/serve your MSJ on the 81+30 deadline and are forced to pick a hearing date within that 30 day window (or presumably after trial), you’d technically need to *re-serve* the MSJ after getting ex parte relief because the first service is deemed ineffective. That second service still needs to be 81 days out, which usually isn’t an issue. But it could be problematic if you delayed in seeking ex parte relief and/or the date you secured was only a few days outside of the 30-day window (I.e. 28 days before trial).
This is very helpful, thank you! California makes things very difficult.