--- name: ca-draft-note description: > Use this skill when the user asks to draft or scaffold the California scheduling document that places a motion on the court's calendar. Triggers include "scaffold a Notice of Motion", "draft the notice of motion California", "16 court days notice", "CCP 1005 notice", "notice of motion and motion", "notice of motion and demurrer", "draft a motion notice California", "when does my opposition come due", "schedule my California motion". Drafts the Notice of Motion document that combines the scheduling notice with the initial motion header under CCP § 1010, computing service deadlines under CCP § 1005(b) and confirming opposition and reply due dates. Composes with `ca-statewide-format` (always) and the relevant court skill (`ca-lasc`, `ca-sfsc`, or `ca-county-courts`). version: 0.1.0 --- # Draft a California Notice of Motion Scaffold the Notice of Motion that opens a California motion packet, calculates the service and response deadlines under CCP § 1005(b), and confirms the hearing is properly reserved. ## What a Notice of Motion is in California In California superior court practice, the **Notice of Motion** is a **separate, standalone document** (not combined with the Memorandum of Points and Authorities) that: 1. Places the hearing date, time, and department on the face of the filing 2. Identifies the relief sought and the legal grounds 3. States what supporting papers the court will consider 4. Establishes the CCP § 1005(b) service record The Notice of Motion is typically the **first document** in the packet, followed by the Memorandum, Declaration(s), Request for Judicial Notice (if any), Proposed Order, and Proof of Service. > **Terminology note**: Washington State's analog is the > "Note for Motion Docket"; Oregon's analog is the "Notice > of Hearing". California uses "Notice of Motion" — and it > doubles as both the scheduling notice and the formal motion > assertion. The user may come in with either formulation; this > skill produces the California-correct form. ## When required A Notice of Motion is required whenever a party files a motion that requires a hearing. Exceptions: - **Ex parte applications** (CRC 3.1200–3.1207) do not use the standard 16-court-day notice; they use the ex parte short notice procedure - **Motions on shortened time**: when the court grants an order shortening time under CRC 3.1300(b), the notice period is whatever the court specifies - **Written oppositions waived**: some departments accept an oral motion at a Case Management Conference or hearing; this is dept.-specific practice ## Hearing reservation — do this first Most California superior courts require a hearing date **reserved before serving the Notice of Motion**. Serving an unconfirmed date is a common pro se error that forces a rescheduling. | Court | Reservation method | |---|---| | Los Angeles Superior (LASC) | Court Reservation System (CRS) at lasuperiorcourt.org | | San Francisco Superior (SFSC) | Civil Division scheduling, sfsuperiorcourt.org | | Other superior courts | Check the court's local rules and department-specific standing orders | After reserving, confirm: **date, time, department number, and judge**. All four fields go in the Notice and the caption. ## CCP § 1005(b) — notice period and response deadlines The minimum notice period is **16 court days** before the hearing. Additional days are added depending on service method: | Service method | Add to 16 court days | |---|---| | Personal service | +0 | | First-class mail (CA address) | +5 calendar days (CCP § 1013(a)) | | First-class mail (out-of-state) | +10 calendar days (CCP § 1013(a)) | | Electronic service (CCP § 1010.6(a)(3)(B)) | +2 court days | | Overnight delivery (Cal.) | +2 calendar days (CCP § 1013(c)) | | Overnight delivery (out-of-state) | +3 calendar days (CCP § 1013(c)) | | Fax service | +2 court days (CCP § 1013(e)) | **Response deadlines under CCP § 1005(b):** - Opposition: **9 court days** before the hearing - Reply: **5 court days** before the hearing Use `ca-deadlines` to count court days precisely, excluding weekends and California state holidays (Cal. Gov. Code § 6700 et seq.). ### Worked deadline example Hearing date: Monday, June 30, 2025 (confirmed in Dept. 32) If served by electronic service (+ 2 court days): - Latest service date: 16 + 2 = 18 court days before June 30 (count backwards, skipping weekends and holidays) - Opposition due: 9 court days before June 30 - Reply due: 5 court days before June 30 Use `ca-deadlines` to get the exact calendar dates. ## What this skill produces A Notice of Motion with: 1. **Caption** per CRC 2.111 (see `ca-statewide-format`) 2. **Document title**: "NOTICE OF MOTION AND MOTION FOR [RELIEF]" 3. **Introductory "PLEASE TAKE NOTICE" paragraph** — hearing details, relief sought 4. **Grounds paragraph** — legal basis with citations 5. **Supporting papers statement** — enumeration of all papers the court should consider 6. **Date and signature block** ## Template ``` [UPPER-LEFT: Party info / attorney info per CRC 2.111] [UPPER-RIGHT: Case number; Hearing date, time, dept., judge] SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES VELOCITY CAPITAL, LLC, ) ) Case No. 25STCV12345 Plaintiff, ) ) NOTICE OF MOTION AND v. ) MOTION TO COMPEL FURTHER ) RESPONSES TO REQUESTS FOR JANE DOE, ) PRODUCTION, SET ONE, UNDER ) CCP § 2031.310; MEMORANDUM Defendant. ) OF POINTS AND AUTHORITIES ) ) Hearing: ) Date: [DATE] ) Time: [TIME] ) Dept.: [DEPT. NO.] ) Judge: Hon. [NAME] ) Reservation No.: [No.] TO PLAINTIFF VELOCITY CAPITAL, LLC AND ITS COUNSEL OF RECORD: PLEASE TAKE NOTICE that on [DATE], at [TIME], in Department [##] of the above-entitled court, located at [COURTHOUSE ADDRESS, CITY, CA ZIP], Defendant Jane Doe will, and hereby does, move for an order: (1) compelling Plaintiff to serve further verified responses to Defendant's Requests for Production, Set One, Nos. 3, 5, and 6, without objection; and (2) compelling Plaintiff to produce all documents responsive to those Requests within 10 days of the order; and (3) awarding Defendant monetary sanctions under CCP § 2023.030(a) in the amount of $[AMOUNT] against Plaintiff and its counsel of record. This Motion is made pursuant to CCP § 2031.310 on the grounds that Plaintiff's objections to Requests Nos. 3, 5, and 6 are meritless, that Plaintiff's responses are incomplete, and that Plaintiff's failure to comply was without substantial justification within the meaning of CCP § 2023.030. This Motion is based on: — this Notice of Motion; — the accompanying Memorandum of Points and Authorities; — the Separate Statement of Items in Dispute required by CRC 3.1345; — the Declaration of Jane Doe, with Exhibits A through C, filed herewith; — the pleadings and papers on file in this action; and — such oral argument as the Court may permit at the hearing. DATED: _______________ ____________________________ JANE DOE Defendant, In Pro Per [Address] [Phone] [Email] ``` ## Title line conventions The title "NOTICE OF MOTION AND MOTION FOR [RELIEF]" is the California standard. Some courts and some motion types have specific title variations: | Motion type | Standard title form | |---|---| | Demurrer | "NOTICE OF DEMURRER AND DEMURRER TO [TARGET PLEADING]" — no "MOTION" in the title; demurrers are treated as a distinct filing from motions in California practice | | Motion to strike | "NOTICE OF MOTION AND MOTION TO STRIKE" | | Summary judgment | "NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION]" | | Anti-SLAPP | "NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE UNDER CCP § 425.16" | | Motion to compel | "NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO [INTERROGATORIES / REQUESTS FOR PRODUCTION / REQUESTS FOR ADMISSIONS]" | | Motion in limine | "MOTION IN LIMINE NO. [#] TO EXCLUDE [TOPIC]" — typically no separate "Notice" filed; notice is incorporated | ## Relief enumeration — be specific The "PLEASE TAKE NOTICE" paragraph must state **specifically** what the court is being asked to order. Vague formulations ("to compel discovery") are disfavored. Enumerate: ``` (1) compelling Plaintiff to serve further verified responses to Requests Nos. 3, 5, and 6, without objections; (2) compelling Plaintiff to produce all documents responsive to Requests Nos. 3, 5, and 6 within 10 days; and (3) awarding monetary sanctions of $[amount]. ``` Specificity prevents the losing party from arguing that the order is broader than what was noticed. ## Supporting papers statement The final paragraph of the Notice enumerates every document the court will consider. This serves as the "evidence relied upon" in California practice — the equivalent of Oregon's "Evidence Relied Upon" section in the motion body, but here it appears in the Notice. Enumerate: - The Notice itself - The Memorandum of Points and Authorities - The Separate Statement (if required by CRC 3.1345) - Each named declaration with exhibits - Any Request for Judicial Notice - Pleadings and papers on file - "Such oral and documentary evidence as may be received at the hearing" ## Notice of Ruling (post-hearing) After the hearing, the **prevailing party** prepares a Notice of Ruling that confirms what the court ruled. This is a separate document from the Proposed Order. Format: ``` NOTICE OF RULING ON DEFENDANT'S MOTION TO COMPEL TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on [DATE], the above-entitled court, the Honorable [JUDGE], presiding in Department [##], ruled as follows on Defendant's Motion to Compel: [One or two sentences accurately summarizing the court's ruling — e.g., "The Motion was GRANTED. Plaintiff is ordered to serve further responses and produce documents within 10 days. Sanctions of $[amount] were awarded against Plaintiff."] The Court signed the proposed order on [DATE]. A copy of the signed order is attached hereto. DATED: _______________ ____________________________ JANE DOE Defendant, In Pro Per ``` Distinguish the Notice of Ruling from the formal Proposed Order drafted under CRC 3.1312 — both are commonly used in California practice, and the Notice of Ruling is the faster notification mechanism. ## Ex parte applications — different procedure If the motion is time-sensitive and the standard 16-court-day timeline won't work, the party must apply for an **ex parte order** (CRC 3.1200–3.1207): - Give **24 hours' telephonic and written notice** to all parties (CRC 3.1204(b)) — unless notice would frustrate the purpose of the order - File an **ex parte application** (not a motion) with a declaration of notice, statement of the relief requested, and supporting papers - Appear in the ex parte department (check local rules) This skill does not scaffold ex parte applications. See `ca-hearings` or the court-specific skill for ex parte procedures. ## Pro se notes - Pro se litigants in California are described as acting "In Pro Per" (not "pro se" — California courts use the Latin "in propria persona" abbreviated "In Pro Per") - The State Bar number is omitted on the signature block for In Pro Per filers - Service by electronic means is available to pro se filers if they agree to accept electronic service per CCP § 1010.6(a)(1) ## Local variations ### Los Angeles Superior Court (LASC) - Hearing reservation through the Court Reservation System (CRS): lasuperiorcourt.org - Include the CRS reservation number in the caption or cover page - Some departments require a **Notice of Hearing Reservation** e-mailed to the department before filing ### San Francisco Superior Court (SFSC) - Scheduling through the Civil Division portal - Complex Civil departments (Dept. 301, 302) have additional local rules; check the department's standing orders at sfsuperiorcourt.org ### Other counties See `ca-county-courts` for county-specific scheduling portals and hearing reservation procedures. ## Layered composition This skill ALWAYS composes with: - **`ca-statewide-format`** — caption, line numbers, format - **The relevant court skill** — `ca-lasc`, `ca-sfsc`, or `ca-county-courts` — for hearing reservation method and department-specific caption details It typically composes with: - **`ca-draft-motion`** — the Memorandum follows the Notice - **`ca-draft-declaration`** — the supporting declaration is listed in the Notice's supporting papers paragraph - **`ca-draft-order`** — the Proposed Order is also listed ## Quality checks Before serving and filing: - **`ca-deadlines`** — verify the service date gives the required notice count under CCP § 1005(b) - **`ca-fact-check`** — confirm hearing date, time, dept., judge, and case number are correct - **`ca-quality-check`** — CRC 2.100–2.119 format pass A Notice served with the wrong date or wrong department number is the most common pro se scheduling error and may result in the motion being taken off-calendar. ## Cross-references - `ca-statewide-format` — caption format + CRC 2.111 - `ca-deadlines` — CCP § 1005 court-day computation - `ca-schedule-hearing` — hearing reservation workflow - `ca-lasc` — LASC Court Reservation System - `ca-sfsc` — SFSC Civil Division scheduling - `ca-county-courts` — other counties **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.