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United States · California summary judgment

How close to trial may California summary judgment be heard?

CCP 437c(a)(3) ordinarily requires the motion heard no later than 30 days before trial, unless the court orders otherwise for good cause.

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Period
30 calendar days for the disclosed component
Trigger
The actual scheduled trial date
Rule
CCP 437c(a)(3)
CCP 437c(a)(3)

Stats. 2024, Ch. 99, Sec. 1 (AB 2049), effective January 1, 2025; official text reviewed

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What starts the CCP 437c(a)(3) requirement?

The actual scheduled trial date

Verify the actual trial date and any order changing the hearing limit. A calculated boundary neither reserves a hearing nor proves the court will hear the motion.

Responsible actor. The moving party establishing a permissible hearing with the court. Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently.

CCP 437c(a)(3)

How is this hearing-based period counted?

  1. The actual scheduled trial date
  2. Verify the actual trial date and any order changing the hearing limit. A calculated boundary neither reserves a hearing nor proves the court will hear the motion.
  3. Exclude the trial date and subtract thirty calendar days for the ordinary latest-hearing boundary. Intermediate closed days count. If the boundary is closed, this preset refuses a final hearing date rather than automatically moving it inside the statutory interval.
  4. Obtain an actual hearing within the applicable trial-related limit or retain a good-cause order. Independently meet appearance, service and filing requirements.

The hearing or trial day is excluded. Calendar-day periods include intermediate weekends and judicial holidays. CCP 12c(b) counts service-method additions farther backward from the base notice date. CCP 12a supplies the next eligible day for final opposition and reply expiry; that later-date treatment cannot be reused as a service target that reduces the full minimum notice. The personal-service and latest-hearing presets refuse closed base boundaries. Rule 1.11 governs ordinary weekend holiday observance. The retained 2026 and 2027 judicial calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday, and the December 31, 2027 New Year observance. CCP 135 excludes the identified Admission Day, Columbus Day, Lunar New Year, Diwali and Genocide Remembrance Day agency holidays. Actual additional court closures require separate proof.

For moving papers, CCP 437c(a)(2) adds five, ten or twenty calendar days by the recipient mailing address, and two court days for fax, express mail or other overnight delivery. CCP 1010.6 supplies its separate electronic-service treatment, including two court days where applicable and the next-court-day treatment of noncourt-day service. Establish valid service and the actual event. Section 437c(b)(6) excludes CCP 1005 and 1013 time extensions, preserving CCP 1005(c) delivery of opposition and reply by the next business-day close. Do not import the ordinary sixteen, nine or five court-day motion periods into summary judgment.

Section 437c is the retained edition effective January 1, 2025. These presets cover anchors on or after January 1, 2026 and final dates within the independently retained 2026 and 2027 judicial calendar. They require an actual open-day hearing or trial anchor, unchanged statutory periods and no additional closure. Historical editions, future amendments, court orders, actual outages and additional local requirements need separate review. The software coverage limit does not establish that an actual act is late.

CCP 12c, backward hearing-based counting

What does the independently derived example show?

Fictitious example

Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently. Actual trial date, no contrary good-cause order and an available hearing.

Example counting steps
StepWhat is countedDate
Established procedural eventThe actual scheduled trial dateAugust 5, 2027
Disclosed statutory component30 calendar days for the disclosed componentJuly 6, 2027
Example resultJuly 6, 2027

Fictitious facts within the stated coverage. No different court order, additional closure, unsupported service method or possession proceeding is assumed. The result does not prove the required acts or a reserved hearing.

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Which facts change this summary judgment requirement?

Good-cause order
The thirty-day limit expressly permits the court to order otherwise for good cause. Retain the actual order and its terms.
Full notice remains separate
The hearing limit and eighty-one-day service requirement are distinct. A nominal total of 111 days does not resolve service additions, closed days, actual hearing availability or a changed trial date.
Responsive pleading
Filing the motion does not extend the time to file a responsive pleading. Do not replace that independent obligation with this hearing calculation.
Trial in possession proceedings
Subdivision (r) states that the section does not extend the section 1170.5 trial period. Subdivision (s) excludes the identified possession proceedings from (a) and (b).
Method and delivery requirements
For moving papers, CCP 437c(a)(2) adds five, ten or twenty calendar days by the recipient mailing address, and two court days for fax, express mail or other overnight delivery. CCP 1010.6 supplies its separate electronic-service treatment, including two court days where applicable and the next-court-day treatment of noncourt-day service. Establish valid service and the actual event. Section 437c(b)(6) excludes CCP 1005 and 1013 time extensions, preserving CCP 1005(c) delivery of opposition and reply by the next business-day close. Do not import the ordinary sixteen, nine or five court-day motion periods into summary judgment.
Edition and calendar coverage
Section 437c is the retained edition effective January 1, 2025. These presets cover anchors on or after January 1, 2026 and final dates within the independently retained 2026 and 2027 judicial calendar. They require an actual open-day hearing or trial anchor, unchanged statutory periods and no additional closure. Historical editions, future amendments, court orders, actual outages and additional local requirements need separate review. The software coverage limit does not establish that an actual act is late.
CCP 437c(a)(3)
  • Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently.
  • The calculated component does not prove appearance, service, accepted filing, reservation or a permissible actual hearing.

Which acts, papers and proof must be preserved?

Questions about CCP 437c(a)(3)

How close to trial may California summary judgment be heard?

Does this date book a summary judgment hearing?

No. Section 437c(a)(3) states a hearing limit. The actual hearing must be arranged and verified with the court.

CCP 437c(a)(3)

Can the court hear the motion inside thirty days before trial?

The statute permits a court order otherwise for good cause. Preserve that order and separately satisfy the notice requirement.

CCP 437c(a)(2)-(3)

Can I always serve exactly 111 days before trial?

No. That nominal arithmetic omits service-method additions and actual hearing and closed-day requirements.

CCP 437c(a)(2)-(3)

Official summary judgment, service and calendar sources

Provisions used (19)
Provisions used in this guide
ProvisionPurpose
CCP 437c(a)(3)The particular actor, procedural event, period and required act
CCP 437c(a)(3)The identified counting, document, service, possession or filing qualification
CCP 437c(a)(2)-(3)The identified counting, document, service, possession or filing qualification
CCP 437c(r)-(s)The identified counting, document, service, possession or filing qualification
CCP 12, exclude the starting dayThe identified counting, document, service, possession or filing qualification
CCP 12c, backward hearing-based countingThe identified counting, document, service, possession or filing qualification
CCP 12a, final-day holiday extensionThe identified counting, document, service, possession or filing qualification
CCP 12b, whole-day office closureThe identified counting, document, service, possession or filing qualification
CCP 135, judicial holidaysThe identified counting, document, service, possession or filing qualification
Cal. Rules of Court, rule 1.10The identified counting, document, service, possession or filing qualification
Cal. Rules of Court, rule 1.11The identified counting, document, service, possession or filing qualification
CCP 1010.6, electronic service and filingThe identified counting, document, service, possession or filing qualification
CCP 1005(c), opposition and reply deliveryThe identified counting, document, service, possession or filing qualification
Cal. Rules of Court, rule 3.1350The identified counting, document, service, possession or filing qualification
Cal. Rules of Court, rule 3.1351The identified counting, document, service, possession or filing qualification
Cal. Rules of Court, rule 2.253The identified counting, document, service, possession or filing qualification
Cal. Rules of Court, rule 2.259The identified counting, document, service, possession or filing qualification
California judicial holiday scheduleThe identified counting, document, service, possession or filing qualification
Superior Court of San Bernardino holiday scheduleThe identified counting, document, service, possession or filing qualification
Read the official provision

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