i am filing a motion to vacate a default judgment in los angeles county. how many days are needed from the date i file and mail the notice t...

Question

i am filing a motion to vacate a default judgment in los angeles county. how many days are needed from the date i file and mail the notice to counsel? one answer i saw says 14 days plus 5 for mailing. i have seen 31 days. i have seen 21 days plus 5 or 10 for mailing? i have seen 14 plus 5?

Answer

Unless otherwise ordered or provided by law, all moving and suporting papers shall be served and filed at least 16 court days before the hearing. A court day is a day that the court is open. The court is not open on Saturdays, Sundays, or judicial holidays. If notice is served by mail, the required 16 day period before the hearing must be increased by five calendar days if the place of mailing and the place of address are in the state of California. If you are mailing to a place in the United States, outside of California, it must be increased by 10 days. (Code Civ. Proc., sect. 1005, subd. (b).)

Answer

See Code of Civil Procedure 1005. You ad 5 calendar days for mailing, plus 16 COURT days. That is Court days not calendar days. Its only days the Court is open, so no weekends or court holidays."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. "

(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.