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California Civil Procedure, Keyed to Levine, 6th Ed.
Robinson v. Woods
Citation:
168 Cal. App. 4th 1258, 86 Cal. Rptr. 3d 241 (2008)Facts
On November 16, 2004, plaintiffs Terry Robinson and Stephanie Hammonds filed an action to quiet title to real property against Aaron Woods and Woodland Properties, LLC. Trial was set for April 30, 2007. On January 26, 2007, defendants served plaintiffs with a summary judgment motion by mail, noticing the hearing for April 12, 2007—76 days after mailing and 18 days before trial. Plaintiffs filed opposition papers on March 22, 2007, arguing the motion was untimely because it required 80 days’ notice when served by mail within California and was scheduled within 30 days of trial without a prior good cause determination. Plaintiffs did not address the merits. At the April 12 hearing, the trial court continued the matter to April 16, directed defendants to file a good cause declaration, and invited plaintiffs to file a separate statement on the merits. Plaintiffs objected and moved to dismiss. On April 16, the court found good cause and granted summary judgment, noting plaintiffs had not filed opposition on the merits.
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