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California Code of Civil Procedure
Code of Civil Procedure section 1005
CHAPTER 4. Motions and Orders [1003 - 1008]
( Chapter 4 enacted 1872. )
1005.
(a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions:
(1) Notice of Application and Hearing for Writ of Attachment under Section 484.040.
(2) Notice of Application and Hearing for Claim and Delivery under Section 512.030.
(3) Notice of Hearing for Claim of Exemption under Section 706.105.
(4) Motion to Quash Summons pursuant to subdivision (b) of Section 418.10.
(5) Motion for Determination of Good Faith Settlement pursuant to Section 877.6.
(6) Hearing for Discovery of Peace Officer Personnel Records pursuant to Section 1043 of the Evidence Code.
(7) Notice of Hearing of Third-Party Claim pursuant to Section 720.320.
(8) Motion for an Order to Attend Deposition more than 150 miles from deponent’s residence pursuant to Section 2025.260.
(9) Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code.
(10) Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5.
(11) Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30.
(12) Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5.
(13) Any other proceeding under this code in which notice is required and no other time or method is prescribed by law or by court or judge.
(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed 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, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.
The court, or a judge thereof, may prescribe a shorter time.
(c) Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This subdivision applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a).
The court, or a judge thereof, may prescribe a shorter time.
(Amended by Stats. 2005, Ch. 294, Sec. 3. Effective January 1, 2006.)
This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.
Client Testimonials
See What Others Are Saying
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Mr. Eads, you are a true master in your field.- Peter K.
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My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.- K.Y.
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I was very pleased with the outcome of my case.- Albert N.
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I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.- John H.
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My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.- J.L.
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I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.- Veronica S.
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I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.- J.A.
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I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!- Paul W.