Memorandum in Support of Motion to Continue

Memorandum of Points and Authorities in California Rules of Court

What Is a Memorandum of Points and Authorities?

Whenever a motion is filed with the court it must be accompanied by a supporting memorandum of points and authorities. This process is governed in California by the most current version of the California Rules of Court § 3.1113.

"A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported." (CRC 3.1113(a).)

"The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Id.)

The rule goes on to explain the format citations should be in and also the acceptable lengths the memorandum can be. "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (Id.) If the memorandum is for summary judgment or summary adjudication then it can be up to a maximum of 20 pages. (Id.) The caption page, notice of motion, exhibits, declarations, attachments, table of contents, table of authorities, and proof of service do not count toward the page total of a memorandum. (Id.)

Parties are allowed to ask the court ex parte for permission to file a longer memorandum so long as they notify the other parties in writing and explain to the court why the argument could not be made in a standard memorandum. (Id.)

California Rules of Court § 3.1114 lists the civil motions, applications, and petitions that do not require a memorandum such as motion to be relieved as counsel, motion filed in a small claims case, petition for change of name or gender, etc. (CRC 3.1114.) However, "if it would further the interests of justice" a party can file a motion or the court can order one submitted but it must still comply with the guidelines in CRC § 3.1113. (Id.)

Court, rule 3.1113(a).) Opening memoranda, except in motions for summary judgment or adjudication, may not exceed 15 pages. (Cal. R. Court, rule 3.1113(d).) Both a table of contents and a table of authorities are required for memoranda which exceed 10 pages. (Cal. R. Court, rule 3.1113(f).) The tables do not count toward the page limit. (Cal. R. Court, rule 3.1113(d).) A memorandum must include page numbers. (Cal. R. Court, rule 3.1113(h).)

Hearing

Feb 14, 2019

Type

Employment

Sub Type

Other Employment

Judge Hon. Ronald F. Frazier

County

San Diego County, CA

Court, rule 3.1113(d).) Plaintiff did not seek the court's leave to file a longer memorandum, nor is there any basis to conclude Plaintiff cannot make its argument within the page limit. (Cal. R. Court, rule 3.1113(e).) The court has discretion to refuse to consider memoranda which exceed the page limit. (Cal. R. Court, rules 3.1113(g) and 3.1300(d).)

Hearing

Aug 01, 2019

Type

Employment

Sub Type

Other Employment

Judge Hon. Ronald F. Frazier

County

San Diego County, CA

Legal Standard California Rules of Court ("CRC") rule 3.1113 provides that "[a] party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum." (Cal. Rules of Court, rule 3.1113(a).) "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Id., rule 3.1113(b).)

Hearing

Apr 17, 2018

Judge

Georgina Torres Rizk or Jon R. Takasugi

County

Los Angeles County, CA

See CRC Rule 3.1112(a)(3); CRC Rule 3.1113(b) ("The memorandum must contain a statement of the facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced."); CRC Rule 3.1113(a) ("The court may construe the absence of a memorandum as an admission that the motion...is not meritorious and cause for its denial...").

See CRC Rule 3.1112(a)(3); CRC Rule 3.1113(b) ("The memorandum must contain a statement of the facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced."); CRC Rule 3.1113(a) ("The court may construe the absence of a memorandum as an admission that the motion...is not meritorious and cause for its denial...").

(See Rules 3.1113(g) and 3.1300(d).)

Rules of Court, rule 3.1113, subd. (d).) A party may apply to the court for leave to file a longer memorandum, but such a request must be made "at least 24 hours before the memorandum is due." (Cal. Rules of Court, rule 3.1113, subd. (e).) Where a party tenders an oversized memorandum, the clerk must accept the same for filing but the court may refuse to consider it. (Cal. Rules of Court, rules 3.1113, subd. (d), and 3.1300, subd. (d); also see Cal. Prac. Guide Civ. Pro.

Hearing

Oct 24, 2013

Type

Real Property

Sub Type

other

Judge Hon. Mark Borrell

County

Ventura County, CA

For motions that are not for summary judgment or summary adjudication, CRC Rule 3.1113 sets forth a 15-page limit on points and authorities in support of motions, unless the party applies for an application to file a longer memorandum, which did not occur here. (Cal. Rules of Court, Rule 3.1113(d) & (e)). A memorandum filed in excess of the page limits "must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, Rule 3.1113(g).)

Hearing

Oct 06, 2020

Type

Employment

Sub Type

Other Employment

Judge Hon. Christopher K. Lui

County

Los Angeles County, CA

Court, rule 3.1113(d).) The court has discretion to disregard oversize memoranda. (Cal. R. Court, rule 3.1113(g) and rule 3.1300(d).) Plaintiff's counsel is to comply with court rules when submitting papers to the court.

Hearing

Mar 12, 2020

Type

Employment

Sub Type

Other Employment

Judge Hon. Ronald F. Frazier

County

San Diego County, CA

Plaintiff did not file a Memorandum of Points and Authorities or any evidence as required by Cal Rules of Court 3.1113. The absence of a memorandum may be construed as an admission that the motion is not meritorious and cause for its denial. Cal. Rules of Court 3.1113. Moving party is ordered to give notice.

Gouche v Perez Defendant Ramiro Perez's Demurrer is CONTINUED to March 19, 2019 at 8:30 a.m. in Department 94. I. Background On June 12, 2018, Plaintiff Victor Gouche ("Plaintiff") filed this civil rights action against Defendant Ramiro Perez ("Defendant"). On September 12, 2018, Defendant filed a Declaration of Meet and Confer (the "Declaration"). A month later, Defendant filed a Notice of Dem...

..with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . ." Even though there is a proof of service showing that the Declaration was served on Plaintiff, there is no proof of service of the same on the Demurrer...

• Hearing

  Jan 08, 2019

• Judge

  Wendy Chang or Jon R. Takasugi

• County

  Los Angeles County, CA

Motions: Demurrer and motion to strike the Second Amended Complaint Tentative Ruling: To strike the demurrer and motion to strike sua sponte pursuant to CCP § 436 with leave to re-file on or before 30 days of notice of the ruling. See infra. Notice runs from the date that the Minute Order is mailed plus 5 days for service via mailed. See CCP § 1013. Explanation: On October 13, 2017, Plaintiffs fil...

..alifornia Casualty General Ins. Co. v. Sup.Ct. (Gorgei) (1985) 173 Cal.App.3d 274, 280-281, 218 CR 817, 821 (disapproved on other grounds in Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390, 407, 97 fn.11)] Therefore, the motion seeking leave to file a Second Amended Complaint will be granted. On December 18, 2017, Defendants filed a demurrer to the Second Amended Complaint....

• Hearing

  Jan 12, 2018

• Type

  Other

• Sub Type

  Intellectual Property

• Judge Mark Snauffer
• County

  Fresno County, CA

North Central District Forward financing, LLC, Petitioner, v. cams company packaging supplies, inc. dba cams company packaging supplies, et al., Respondents. Case No.: 19BBCP00402 Hearing Date: January 31, 2020 [TENTATIVE] order RE: petition to confirm arbitration award BACKGROUND On October 11, 2019, Petitioner Forward Financing, LLC filed a Petition to Confirm Arbitration Award against Re...

..whereby the parties agreed Petitioner would purchase $58,400.00 worth of future receivables for $40,000.00 from Respondents, but that Respondents failed to pay Petitioner the daily rate of $486.67 until the $58,400.00 was paid. The matter went to arbitration on September 20, 2019 in Suffolk County, Massachusetts before Arbitrator John Jordan. The Award of Arbitrator was made that same day, which...

• Hearing

  Jan 31, 2020

• County

  Los Angeles County, CA

Plaintiff's Motion for Leave to File Amended Complaint. Plaintiff filed a document entitled "NOTICE OF MOTION AND LEAVE TO FILE FIRST AMENDED COMPLAINT; POINTS AND AUTHORITIES OF IN SUPPORT". (Emphasis in original.) The document commences with notice to the defendants of the date and time of the hearing and that the hearing will be in Department Ten. The notice then commences to assert various fac...

..equate service on the defendants is an independent reason to deny the motion for lack of proof of service. In addition, the plaintiff has failed to adhere to the procedural requirements to have a motion for leave to amend heard. "When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys (Monastero v. Los Angeles Tr...

TENTATIVE RULING Calendar: 6 Date: 9/27/19 Case No: EC 063856 Trial Date: None Set Case Name: Williams, et al. v. Ocwen Loan Servicing, LLC, et al. MOTION TO CHALLENGE JURISDICTION MOTION TO CORRECT ERROR MOTION FOR STAY Moving Party: Plaintiff Theresa Williams Responding Party: Defendants Ocwen Loan Servicing, LLC, et al. (No Opposition) RELIEF REQUESTED: Determine jurisdiction Correc...

..eed of trust encumbered only 75 % of the property, with 25% undivided title interest remaining to plaintiff Williams Jr. by grant deed. The file shows that these three motions were originally heard on June 28, 2019. The minute order indicates that plaintiff Theresa Williams filed a challenge for cause against the Honorable Ralph C. Hofer along with an application for continuance. On the court's o...

• Hearing

  Sep 27, 2019

• Judge Ralph C. Hofer
• County

  Los Angeles County, CA

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