Page 20

Local Rules of Superior Court of California, County of Imperial

opposition papers contesting the merits of the be combined if they involve the same motion have already been timely filed. legal and factual issues. Requests for sanctions and stays are not considered [Adopted July 1, 2007, Rule 3.18 renumbered to 3.2.2 “separate” motions when they are 01/01/09] ancillary to another motion, except as otherwise required by statute. A Rule 3.2.3 Taking Motions Off Calendar request for dismissal is not considered (a) A moving party may take a motion off a separate motion when combined calendar by filing a written notice at with a motion for good faith least (5) court days prior to a settlement. However, all such scheduled hearing date. Failure to file “combined” motions are subject to a written notice may be deemed by the length restrictions imposed by the the Court to be a violation of an order CRC 3.1113 for single motions. of the Court, punishable by monetary sanctions payable to the Court under [Adopted July 1, 2007, Rule 3.20 renumbered to 3.2.4 01/01/09, amended 01/01/12] Section 177.5 of the Code of Civil Procedure, as well as any other Rule 3.2.5 Joinders sanctions provided by law. (a) For purposes of this section, a joinder(b) With regard to motions to compel is defined as a pleading by a party discovery responses, parties shall requesting to be included in relief notify the court in writing within granted or denied by the Court on a twenty-four (24) hours of receipt of motion in which the party is not the responses that make the motion moot. original moving or responding party. Failure to do so may constitute a A joinder may not include separate waiver of sanctions sought in points and authorities or evidence, but conjunction with the motion to will be deemed to incorporate the compel. arguments and evidence submitted in (c) If an amended pleading is properly connection with the motion, filed and deems a demurrer, motion to opposition, or reply to which the strike, or motion for judgment on the joinder relates. A joinder in a motion, pleadings moot, the demurring or opposition, or reply must be filed and moving party shall file a written personally served within two calendar notice at least (5) court days prior to days after service of papers to which the scheduled hearing date. Failure to the joinder relates. do so may constitute a waiver of any (b) A joinder should include only a brief right to seek sanctions. statement of the basis for the joinder. [Adopted July 1, 2007, Rule 3.19 renumbered to 3.2.3 If additional materials are necessary 01/01/09, subd (a)(b)(c) amended 01/01/12] for the Court to grant the requested relief in favor of the party seeking to Rule 3.2.4 Separate Motion Requirement join in the motion or opposition, a separate motion, opposition, or reply (a) Every motion must be filed must be filed. separately, except as stated herein. A motion for summary judgment may (c) A joinder in a motion does not relieve be filed with a motion for summary a party of its individual burden to adjudication. Discovery motions to establish separate entitlement to the compel when there has been no relief requested, nor does it entitle the response to the discovery request may joining party to file a reply separate 13