Your Solution to Efficient and Effective Representation

445 S. Figueroa St., 31st Floor, Los Angeles, CA 90071 Open in Google Maps
(310) 955-4050 CLICK TO DIAL - Mobile Only

About Us

The law firm of Sweeney & Kelble APC is available to handle all your commercial litigation and a variety of transactional matters throughout California. We represent banks, leasing and finance companies, institutional lenders, private lenders, and investors in all of their commercial litigation needs. We represent both landlords and tenants in the drafting, structuring, and negotiation of commercial leases and other ancillary documentation. We also practice in all federal bankruptcy courts in California to provide effective representation for creditors throughout all aspects of the bankruptcy process. At Sweeney & Kelble APC, our goal is to be a team with our client. Working together using a business-oriented approach coupled with a cost-effective strategy, we help meet the needs of our clients both efficiently and effectively. Our job is to help you succeed.

We invite you to contact us to discuss what we can do for you.

445 S. Figueroa St., 31st Floor
Los Angeles, CA 90071Open in Google Maps
Google Plus CodeCheck out Google Plus Codes! 85633P3V+642Open Plus Code in Google Maps
(310) 955-4050CLICK TO DIAL - Mobile Only
www.ksgklaw.com

Attorneys

Picture of Kelly A. Sweeney

Kelly A. Sweeney

Sweeney & Kelble APC
445 S. Figueroa St., 31st Floor
Los Angeles, CA 90071Open in Google Maps
Google Plus CodeCheck out Google Plus Codes!85633P3V+642Open Plus Code in Google Maps
(310) 955-4050CLICK TO DIAL - Mobile Only
kelly@ksgklaw.comEmail Kelly
www.ksgklaw.com

Kelly represents clients in the financial, banking, leasing, and service sectors with varied interests ranging from complex commercial litigation, receiverships, secured transactions, and creditor rights in bankruptcy throughout all of California. Kelly also handles a variety of transactional matters, including the structuring, drafting, and negotiating of retail leases and other ancillary documents in major commercial developments. Kelly is currently admitted to practice before all state courts and federal district courts in California. She is a member of the Los Angeles County Bar Association as well as the National Equipment Finance Association.

Education

  • Southwestern University School of Law, Juris Doctor, 2005
  • California State University, Northridge, B.S., 2000

Admissions

  • California, 2005
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
Picture of Glenn C. Kelble

Glenn C. Kelble"KELL-blee"

Sweeney & Kelble APC
445 S. Figueroa St., 31st Floor
Los Angeles, CA 90071Open in Google Maps
Google Plus CodeCheck out Google Plus Codes!85633P3V+642Open Plus Code in Google Maps
(310) 955-4050CLICK TO DIAL - Mobile Only
glenn@ksgklaw.comEmail Glenn
www.ksgklaw.com

Glenn represents clients in the lending, leasing, and business service sectors with their litigation and transactional needs throughout California. Glenn also represents creditors in bankruptcy cases in California.

Education

  • UCLA School of Law, Juris Doctor, 1992
  • UCLA, B.A., 1988, magna cum laude, Phi Beta Kappa

Admissions

  • California, 1992
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California

Practice Areas

The following are our main practice areas. But we do a lot more too. Give us a call to see if we can assist with your legal matter.

Commercial Litigation & Transactions

Commercial & Business Litigation • Commercial Loans, Lines of Credit • SBA Loans • Contract Disputes • Bankruptcy Litigation • Defense of Claims • Writs of Attachment/Possession • Appeals • Extraordinary Writs, Original Actions, and Enforcement Actions • Judgment Execution • Drafting, structuring, and negotiation of contracts

Commercial Collections & Judgment Execution

Commercial Demand Letters • Forbearance Agreements • Payment Demands • Settlement Agreements and Releases • Writs of Execution • Abstracts of Judgment • Wage Garnishment/Earnings Withholding Orders • Bank Levies • Keepers • Examination of Judgment Debtor and Third Parties • Assignment Orders • Charging Orders Against Debtor Partnership/LLC Interests • Enforcement of Sister State and Foreign Judgments

Creditor Representation in Bankruptcy

Creditor Representation in Chapter 7, 11, 12 and 13 Cases • Proofs of Claim • Reaffirmation Agreements • Relief from Automatic Stay • Cash Collateral • Adequate Protection Payments • Plan Review • Plan Objection • Valuation Motions • Section 1111(b) Election Analyses • Non-Dischargeability • Adversary Proceedings • Defense of Preferential Transfer Adversary Proceedings • Workouts • Representation of Creditors' Committees • Representation of Trustees

Commercial Leasing

Drafting and negotiation of all forms of commercial leases • Retail Lease drafting , structuring, and negotiation and ancillary documents including, SNDAs, LMRAs, CC&Rs, REAs, Estoppel Certificates • Sublease and Assignments • Amendments, Termination Agreements, and Unlawful Detainers • Termination agreements • Construction, construction management and architect agreements related to landlord or tenant improvements • License agreements • Management Agreements • Broker Agreements

Equipment Leasing & Finance

Equipment Leases • Equipment Finance Agreements • Enforcement • Documentation • Master Agreements • Syndication • UCC Sales of Collateral • Guarantor Actions • Replevin

Banking & Lending

Loan Transactions • Non-Judicial Foreclosure • Judicial Foreclosure • Appointment of Receivers • Lender Liability • Injunctions • Fraud • Collections • Negotiable Instruments • Lien Priority Disputes

Resources

These resources are provided for general informational purposes only, but we hope you find them useful.

California Courts

California Courts Website

California Supreme Court

California Courts of Appeal website

1st District Court of Appeal website

2nd District Court of Appeal website

There are eight divisions of the 2nd District. Divisions 1-5, 7 and 8 in Los Angeles handle appeals from the Superior Court for the County of Los Angeles. Division 6 in Ventura handles appeals from the Superior Courts for the Counties of San Luis Obispo, Santa Barbara, and Ventura.

3rd District Court of Appeal website

4th District Court of Appeal website

There are three divisions of the 4th District. Division One is located in San Diego and has jurisdiction over matters from Imperial and San Diego Counties. Division Two is located in Riverside and has jurisdiction over matters from Inyo, Riverside, and San Bernardino Counties. Division Three is located in Santa Ana and has jurisdiction over matters from Orange County.

5th District Court of Appeal website

6th District Court of Appeal website

Sixth Appellate District Fifth Appellate District Fourth Appellate District Third Appellate District Second Appellate District First Appellate District California Courts of AppealAppellate Districts

Like the geography of our great and varied state, our state's 58 different county court websites vary in their appearance and quality (we're looking at you Plumas County!). Expand the County's entry for links to each County's Court website and civil court resources (resources with "*" are preferred). Please feel free to contact us with any broken links or updated information.

To our esteemed county courts: To the extent you have them, at a minimum you need to have easily locatable links to: e-filing, docket/documents access, court locations, departments (with contact information), judicial assignments, calendars, tentative rulings, remote appearance information, hearing reservation information, local forms and rules. Let's work on making these links more uniformly locatable across the courts' websites.

Alameda
Alpine
Amador
Butte
Calaveras
Colusa
Contra Costa
Del Norte
El Dorado
Fresno
Glenn
Humboldt
Imperial
Inyo
Kern
Kings
Lake
Lassen
Los Angeles
Madera
Marin
Mariposa
Mendocino
Merced
Modoc
Mono
Monterey
Napa
Nevada
Orange
Placer
Plumas
Riverside
Sacramento
San Benito
San Bernardino
San Diego
San Francisco
San Joaquin
San Luis Obispo
San Mateo
Santa Barbara
Santa Clara
Santa Cruz
Shasta
Sierra
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba
California Counties& County Seats

California Codes

California Rules of Court

California Code of Regulations

California Cases (Official Reports)

Judicial Council Forms (California Court Website)

Court Forms

Federal Courts in California

United States Courts (Official Website for all Federal Courts)

Map of US Courts of Appeals and District Courts

United States Court of Appeals for the Ninth District website

CM/ECF (electronic filing)

Map of the Ninth District Court of Appeals:

Map of U.S. Court of Appeals for the Ninth District

Central District of California website

NextGen CM/ECF (electronic filing)

Eastern Division Southern Division Western Division United States District CourtCentral District of California

Eastern District of California website

NextGen CM/ECF (electronic filing)

Modesto Division Sacramento Division United States District CourtEastern District of California Fresno Division

Northern District of California website

CM/ECF (electronic filing)

*Magistrate judge assignments only - requires the consent of the parties. Any case for which all parties do not consent will be reassigned to a District Judge in the San Francisco, Oakland, or San Jose division. Eureka Division* San Jose Division Oakland Division San Francisco Division United States District CourtNorthern District of California

Southern District of California website

NextGen CM/ECF (electronic filing)

United States District CourtSouthern District of California

Bankruptcy Court Locations and Case Prefixes

Central District of California website

NextGen CM/ECF (electronic filing/case query)

Los Angeles Division Riverside Division Santa Ana Division San Fernando Valley Division Northern Division United States Bankruptcy CourtCentral District of California

Eastern District of California website

CAEB e-Filing Website (electronic filing/click PACER link on e-Filing page for case query)

Fresno Division Modesto Division Sacramento Division United States Bankruptcy CourtEastern District of California

Northern District of California website

NextGen CM/ECF (electronic filing/case query)

Santa Rosa Division San Jose Division Oakland Division San Francisco Division United States Bankruptcy CourtNorthern District of California

Southern District of California website

NextGen CM/ECF (electronic filing/case query)

United States Bankruptcy CourtSouthern District of California

United States Code

Code of Federal Regulations

Federal Rules of Civil Procedure

Federal Rules of Bankruptcy Procedure

Public Access to Court Electronic Records (PACER)

California State Government

Many of the agencies which people routinely access are under the "Governor's Office".

Arts Council

Attorney General

Board of Equalization

Board of Governors, Community Colleges

California Lottery

Delta Stewardship Council

Fair Political Practices Commission

Gambling Control Commission

California Horse Racing Board

Department of Alcoholic Beverage Control

Department of Financial Protection and Innovation

Accountancy, Board of

Acupuncture Board

Arbitration Certification Program

Architects Board, California

Athletic Commission of California

Automotive Repair, Bureau of

Barbering and Cosmetology, Board of

Behavioral Sciences, Board of

Cemetery and Funeral Bureau

Chiropractic Examiners, Board of

Consumer Information Center

Contractors State License Board

Court Reporters Board

Dental Board of California

Dental Hygiene Committee of California

Electronic and Appliance Repair, Home Furnishings and Thermal Insulation, Bureau of

Engineers, Land Surveyors, and Geologists, Board for Professional

Guide Dogs for the Blind, Board of

Landscape Architects Technical Committee

Medical Board of California

Medical Cannabis Regulation, Bureau of

Naturopathic Medicine Committee

Occupational Therapy, California Board of

Optometry, Board of

Osteopathic Medical Board of California

Pharmacy, Board of

Physical Therapy Board of California

Physician Assistant Board

Podiatric Medicine, Board of

Private Postsecondary Education, Bureau for

Professional Fiduciaries Bureau

Psychology, Board of

Real Estate, Bureau of

Real Estate Appraisers, Bureau of

Registered Nursing, Board of

Respiratory Care Board

Security and Investigative Services, Bureau of

Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board

Structural Pest Control Board

Telephone Medical Advice Services Bureau

Veterinary Medical Board

Vocational Nursing and Psychiatric Technicians, Board of

Department of Fair Employment and Housing

Seismic Safety Commission

Housing and Community Development

California Housing Finance Agency

Department of Finance

Department of Tax and Fee Administration

Department of Veterans Affairs

Insurance Commissioner

Lieutenant Governor

Military Department

Office of Business and Economic Development

Office of Emergency Services

Office of Planning and Research

Office of the Inspector General

Public Utilities Commission

Secretary of State

State Board of Education

State Controller's Office

State Public Defender

State Superintendent of Public Instruction

State Treasurer

Student Aid Commission

Trustees of State Universities

University of California Board of Regents

The judicial branch of government is charged with interpreting the laws of the State of California. It provides for the orderly settlement of disputes between parties in controversy, determines the guilt or innocence of those accused of violating laws, and protects the rights of individuals. The head of the judicial branch is the Chief Justice of California.

California Supreme Court

Courts of Appeal

Superior Courts

The Legislative Branch of the California State Government is composed of the State Assembly, the State Senate, and several other departments. This branch holds the principle lawmaking powers of the state.

2024 Olympic and Paralympic Games

Aerospace

Asia/California Trade and Investment Promotion

Biotechnology

California's Clean Energy Economy

California-Mexico Bi-National Affairs

Campus Climate

Career Technical Education and Building a 21st Century Workforce

Coastal Protection and Access to Natural Resources

Community and Law Enforcement Relations and Responsibilities

Community College Affordability and Guided Pathways for Students

Craft Brewing and Distilling

Cybersecurity

Diabetes and Heart Disease Prevention

Domestic Violence

Economic Development and Investment in Rural California

Emerging Technologies and Innovation

End of Life Health Care

Environmental Quality and the Green Economy in the Inland Empire

Foster Care

Growing Jobs in the San Fernando Valley

Hate Crimes

Health Care Delivery Systems and Universal Coverage

Homelessness

Housing Affordability for the Middle and Working Class

Improving Bay Area Transportation Systems

Infectious Diseases in High Risk Disadvantaged Communities

Local Public Safety and Emergency Preparedness

Master Plan for Higher Education in California

Non-Profit Sector

Ports and Goods Movement

Rail

Regional Transportation Solutions

Science, Technology, Engineering and Math Education

Small Business and Entrepreneurship

Status of Boys and Men of Color

Streamlining Services for Victims of Interpersonal Violence

Veteran Employment and Education

Waste Reduction and Recycling in the 21st Century California

Wine

Women in the Workplace

Youth and California's Future

United States Government

Department of Defense

Department of Education

Department of Energy

Department of Health and Human Services

Department of Housing and Urban Development

Department of the Interior

Department of Justice

Department of Labor

Department of State

Department of Transportation

Department of Treasury

Department of Veteran Affairs

Department of Homeland Security

Official U.S. Time website

Date Calculator Date Calculator*

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* No warranties are made regarding the date calculation results above which may be subject to errors or omissions. All calculations should be checked against the relevant rules and statutes. "Add or Subtract Days..." calculations are only available between January 2022 and December 2030. Rules and statutes change and you should always check this information against the current version of all applicable authorities.

Date Calculation Authorities

The following are holidays observed by the California State Courts as judicial holidays on which the courts are closed. (See CCP § 135 (Judicial Holidays), Gov. Code § 6700 (state holidays).) If a judicial holiday falls on Sunday, the courts observe the holiday on the following Monday and if a judicial holiday falls on a Saturday, the courts observe the holiday on the preceding Friday. (CRC 1.11.)

New Year's Day (January 1)

Dr. Martin Luther King, Jr. Day (third Monday in January)

Lincoln's Birthday (February 12)

President's Day (third Monday in February)

Cesar Chavez Day (March 31)

Memorial Day (last Monday in May)

Juneteenth (June 19)

Independence Day (July 4)

Labor Day (first Monday in September)

Native American Day (fourth Friday in September)

Veterans Day (November 11)

Thanksgiving (fourth Thursday in November)

Day After Thanksgiving (Friday after Thanksgiving)

Christmas Day (December 25)

Federal Courts are closed on the following federal court holidays. (11 U.S.C. 6103.) If a judicial holiday falls on Sunday, the courts observe the holiday on the following Monday and if a judicial holiday falls on a Saturday, the courts observe the holiday on the preceding Friday.

New Year's Day (January 1)

Birthday of Martin Luther King, Jr. (third Monday in January)

Washington's Birthday (third Monday in February)

Memorial Day (last Monday in May)

Juneteenth National Independence Day (June 19)

Independence Day (July 4)

Labor Day (first Monday in September)

Columbus Day (second Monday in October)

Veterans Day (November 11)

Thanksgiving Day (fourth Thursday in November)

Christmas Day (December 25)

Federal court holidays also include "any day declared a holiday by the President or Congress" in the course of the year. (FRCP 77(c) and FRCP 6(a)(6)(B).)

"Legal Holiday" for purposes of calculating deadlines in federal court may also include California state holidays. If the last day of a period measured after an event (e.g. counting forward) is a federal holiday or any other day declared a holiday by the state where the district court is located, then the period continues to run until the end of the next day that is not a Saturday, Sunday, or federal or California holiday. (FRCP 6; FRCP 6(a)(6)(C); See Dwyer v. Duffy (9th Cir. 2005) 426 F.3d 1041, 1044 [Calculated federal deadline falling on the day after Thanksgiving which was not a federal holiday, but was a California holiday (and falling on a Friday) was moved to the following Monday].)

Service of Complaint: 60 days after filing complaint. (CRC 3.110; See also  CCP § 583.210 which requires serving the Summons and Complaint within three years after the Complaint is filed.  Due to the conflict between the CCP and the CRC, the best practice is to use the shorter time limit.)

Serve Defendant Added via Amended Complaint: 30 days after adding party.(CRC 3.110(b).)

Filing Proof of Service of Summons and Complaint: 60 days after filing complaint. (CRC 3.110; See also CCP § 583.210 which requires filing the Proof of Service within 60 days after serving the complaint. Due to the conflict between the CCP and the CRC, the best practice is to use the shorter time limit.)

Response to Complaint (Answer/Demurrer/Motion to Strike): 30 days from date complaint was served. (CCP § 412.20.)

Plaintiff may Serve Discovery Questions to Another Party: 10 days after service of complaint. (CCP § 2030.020 (Interrogatories), CCP § 2031.020 (Requests for Production), CCP § 2033.020 (Requests for Admission).)

Defendant may Serve Discovery: Anytime. (CCP § 2030.020 (Interrogatories), CCP § 2031.020 (Requests for Production), CCP § 2033.020 (Requests for Admission).)

Plaintiff May Serve Deposition Notice: 20 days after service of Complaint. (CCP § 2025.210.)

Defendant May Serve Deposition Notice: Anytime after service or appearance, whichever occurs first. (CCP § 2025.210.)

Depositions: Must be set at least 10 days in the future. (CCP § 2025.270.)

Depositions in Unlawful Detainer Actions: Only 5 days notice required. (CCP 2025.270(b).)

Depositions With Records Requests: If seeking "personal records" of a "consumer" the procedure differs depending on whether one is taking the deposition of  a party (plaintiff, defendant, cross-defendant, etc.) or a non-party witness:

  • For parties to the lawsuit - no subpoena is necessary, and the party can be compelled to produce "personal records" with only 10 days notice.  (CCP § 2025.270.)
  • For Non-Party Witnesses: A subpoena must be issued at least 20 days before the deposition.  (CCP § 2025.270.)

Deposition Objection: A party must "promptly" object at least 3 calendar days before the date of the deposition. (CCP § 2025.401(a).)

Respond to Written Discovery: 30 days. (CCP § 2030.260 (Interrogatories), CCP § 2031.260 (Requests for Production), CCP § 2033.250 (Requests for Admission).

Move to Compel Further Response: 45 days. (CCP § 2030.300 (Interrogatories), CCP § 2031.310 (Requests for Production), CCP § 2033.290 (Requests for Admission).)

Subpoena for Personal (medical) records: Must be served on consumer at least 15 (in actuality 20) days before date of production. (CCP § 1985.3(d) incorporating CCP § 2020.220(a).) The subpoena may not be served on records custodian until at least five days after service on consumer. (CCP § 1985.3(b)(3).)

Subpoena for Employment Records: Must be served on the employee 10 days before date for production (in actuality 20 days before, see below), 5 days before service on the custodian of records. (CCP § 1985.6(b)(2)&(3).) Must be served on records custodian 15 days before date of production.

Motion to Quash Subpoena Duces Tecum: Must be served at least 5 days before date for production of documents. (CCP § 1985.3(g), 1985.6(f)(2).) Note: Court may still grant a motion to quash after this time.(Slage v. Sup. Ct. (1989) 211 Cal. App.3d 1309, 1313.)

Discovery closes before trial: 30 days before the date initially set for the trial of the action. (CCP § 2024.020.)

Last Day to Hear Discovery Motions: 15 days before the date initially set for the trial of the action.(CCP § 2024.020.)

Practical Last Day to Serve Discovery: (and be able to make a motion on it) 90-100 days before trial.

Experts Must Be Demanded : 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date)(CCP § 2034.220.)

Experts Must Be Disclosed : 50 days before trial (or 20 days after service of demand, whichever is closer to trial date)(CCP § 2034.230.)

Supplemental Expert Disclosure: Must be disclosed within 20 days of the Exchange of Expert Witnesses. May only disclose witness to cover a subject covered by opponent’s witnesses. (CCP § 2034.280.)

Expert Depositions: May be set "On receipt of an expert witness list from a party." (CCP § 2034.410.)

Expert Discovery Cut Off: 15 days before original trial date. (CCP § 2024.030.)

Last Day for Motions Regarding Experts: 10 days before original trial date. (CCP § 2024.030.)

Experts Must Provide Documents Before Their Depo: 3 business days before a deposition, experts must provide a copy of the documents that they are producing in response to the deposition notice. (CCP § 2034.415.)

Noticed motions: Must be served and filed 16 court days before the hearing date (+ 5 calendar days if served by mail) (+ 2 calendar days if served by fax, express mail, or overnight delivery). (CCP § 1005(b).) Note: CCP § 1013 does not apply.

Opposition to noticed motion: Must be filed and served 9 court days before hearing. (CCP § 1005.)

Reply to noticed motion : Must be filed and served 5 court days before hearing. (CCP § 1005.)

Manner of service for Opposition/Reply: “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.” (CCP § 1005(c).)

Ex Parte Motion: Opposing party must be notified no later than 10:00 A.M. the court day before the ex parte appearance, absent "exceptional circumstances." (CRC 3.1203.) Note: This is a minimum. Check local rules for more strict notice periods.

Table of Contents/Authorities: Required for motions over 10 pages. (CRC 3.1113(f).)

Motions for Summary Judgment: Notice is 75 days before hearing (+10 if outside CA, +20 if outside US). (CCP § 437c(a).) Opposition is 14 days before the hearing. (CCP § 437c(b)(2).) Reply is 5 days before hearing. (CCP § 437c(b)(3).) Motion must be heard 30 days before trial date. (CCP § 437c(a).) Note: This 30 day time limit can be modified by the court for "good cause." (CCP § 437c(a).)

Manner of service for Opposition/Reply: “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.” (CCP § 1005(c).)

Discovery Closes: (with the exclusion of expert lists, and expert depositions) 30 days before the date initially set for the trial, or after non-binding arbitration. (CCP § 2024.020, CCP § 1141.24.).

998 Offers to Compromise: Can be made up until 10 days prior to trial. (CCP § 998.).

Notice to Appear at Trial (to party) (No documents): 10 days before trial. (CCP § 1987(b).).

Notice to Appear at Trial (to party) (With documents): 20 days before trial. (CCP § 1987(c).).

Objection to Notice to Appear At Trial With Documents: 5 days after the notice to appear, "or any other time period as the court may allow"(CCP § 1987(c).).

Answers/Responses: Due 21 days after the operative complaint, counterclaim or crossclaim is served. (FRCP 12(a)(1).) After motion in connection with the pleadings (FRCP 12(b)-(e)) was denied or ruling was postponed until trial the answer/response is due after 14 days. (FRCP 12(a)(4).)

Rule 12(b) Motions (i.e. “demurrers”): Due before serving a responsive pleading and therefore are due 21 days after the operative complaint, counterclaim or crossclaim is served. (FRCP 12(b).)

Rule 12(c) Motions for Judgment on the Pleadings: Due after the close of pleadings but early enough not to delay trial. (FRCP 12(c)).

Rule 12(e) Motions for More Definite Statement: Due before serving a responsive pleading and therefore are due 21 days after the pleading to which they pertain is served. (In the case that no responsive pleading is due Rule 12(e) motions for more definite statement are not contemplated.) (FRCP 12(e).)

Rule 12(f) Motions to Strike: Due before serving a responsive pleading and therefore are due 21 days after the operative complaint, counterclaim or crossclaim is served. In the case that no responsive pleading is due, Rule 12(f) Motions to Strike are due 21 days after the pleading to which they relate. (FRCP 12(b), (e), (f).)

Rule 26(f) Conference: Must be held 21 days before the scheduling conference or the Rule 16(b) scheduling order is due. (FRCP 26(f)(1).)

Joint Discovery Plan: Due 14 days after the Rule 26(f) conference. (FRCP 26(f)(2).)

Rule 26(a)(1) Initial Disclosures: Due 14 days after the Rule 26(f) conference. (FRCP 26(a)(1)(C).) For parties joined after the Rule 26(f) conference, initial disclosures are due 30 days after joining. (FRCP 26(a)(1)(D).)

Scheduling Order: Due by the earlier of (a) 120 days after any defendant has been served or (b) 90 days after any defendant has appeared. (FRCP 16(b)(2).)

Responses to Discovery: Generally 30 days after the requests were served. (Interrogatories - FRCP 33(b)(2); Requests for Documents and Electronically Stored Information - FRCP 34(b)(2)(A); Requests for Admission – FRCP 36(a)(3).)

Depositions and Subpoenas: Only require, vaguely, “reasonable time” between notice and the deposition and, not incidentally, production of documents thereat. (Party depositions - FRCP 30(b)(1); Non-party subpoenas - FRCP 45(d)(3)(A)(i).)

Expert Witness Disclosures: Due 90 days before trial. (FRCP 26(a)(2)(D)(i).) Rebuttal expert witness disclosures are due 30 days after receiving the other parties’ expert witness disclosures. (FRCP 26(a)(2)(D)(ii).)

Pretrial Disclosures:Due 30 days before trial. (FRCP 26(a)(3)(B).) Objections to the use of designated deposition testimony and documents are due 14 days thereafter. (FRCP 26(a)(3)(B).)

Motion: Filed 28 days before hearing. If served electronically or personally, they must be served 28 days before hearing. If served by mail, they must be served 31 days before hearing. (LR 6-1.)

Opposition: 21 days before hearing. (LR 7-9.)

Reply: Must be filed and served 14 days before hearing. (LR 7-10.)

Motion: Generally must be served at least 35 days before hearing. (LR 7-2(a).)

Opposition: Must be filed and served not more than 14 days after the motion was filed. (LR 7-3(a).)

Reply: Must be filed and served not more than 7 days after the opposition was due. (LR 7-3(c).)

Motion: Generally must be served at least 28 days before hearing. (LR 7.1.e.1.)

Opposition: Must be filed and served 14 days after the motion was served. (LR 7.1.e.2.)

Reply: Must be filed and served 7 days after the opposition was due. (LR 7.1.e.3.)

Motion: Generally must be filed and served 35 days before hearing. (LR 230(b).)

Opposition: No later than 14 days after the motion was filed. (LR 230(c).)

Reply: No later than 10 days after the opposition was filed (LR 230(d).)

Motion: Unless otherwise ordered for cause or specified in the local rules, the notice of motion and all supporting papers must be filed and served not less than 21 days before the hearing. (CDCA LBR 9013-1(d)(2).)

Opposition: Unless otherwise ordered by the court or specified in the local rules, each interested party opposing or responding to the motion must file and serve a response not later than 14 days before the hearing. (CDCA LBR 9013-1(f)(1).)

Reply: A reply memorandum may be served and filed no later than 7 days before the hearing. (CDCA LBR 9013-1(g).)

Motion: Motion seeking relief against specified party (contested motion): The motion and all supporting papers must be filed and served at least 28 days before the hearing. (NDCA LBR 9014-1(c)(1).). Motion seeking relief generally: The motion and all supporting papers must be filed and served at least 21 days before the hearing. (NDCA LBR 9014-1(c)(2).)

Opposition: Motion seeking relief against specified party (contested motion): Opposition papers must be filed and served at least 14 days before the hearing. (NDCA LBR 9014-1(c)(1).) Motion seeking relief generally: Opposition papers must be filed and served not less than 7 days before the hearing. (NDCA LBR 9014-1(c)(2).)

Reply: Motion seeking relief against specified party (contested motion): Reply papers, if any, must be filed and served at least 7 days before the hearing. (NDCA LBR 9014-1(c)(1).) Motion seeking relief generally: No provision for reply is included in the Rule. (ND CA 9014-1(c)(2).))

Motion: The timing of service depends upon the type of motion. (SDCA LBR 9006-1(a) (referring to SDCA LBR 2002, 4001, 4002 & 9013).)

Opposition: The opposition together with a complete statement of the reasons in opposition to the motion must be served not later than 14 days after service of the notice of motion. (SDCA LBR 9013-6(a)(3), 9013-7(b).)

Reply: Except as otherwise provided by an order shortening time, any reply memorandum must be filed and received by the adverse party by the earlier of 7 days after service of the opposition or three business days before the hearing. No response to a reply is permitted without court order. (SDCA LBR 9013-6(c).)

Motion: The motion and notice must ordinarily be served either 28 or 14 days before the hearing. (EDCA LBR 9014-1(f).)

Opposition: For 28-day motions under EDCA LBR 9014-1(f)(1), the opposition must be served and filed not less than 14 days before the hearing. (EDCA LBR 9014-1(f)(1)(B).) No written opposition is required for 14-day motions under EDCA LBR 9014-1(f)(2); opposition may be presented at the hearing. (EDCA LBR 9014-1(f)(2)(C).)

Reply: For 28-day motions under EDCA LBR 9014-1(f)(1), the moving party may serve and file a reply to any written opposition at least 7 days before the hearing unless the court determines an evidentiary hearing is necessary. Unless the moving party consents to the court's resolution of disputed material factual issues pursuant to FRCP 43, the reply must include a separate statement of disputed material facts. The evidentiary record closes upon filing of the reply unless the court determines that an evidentiary hearing is required. (EDCA LBR 9014-1(f)(1)(C).)

Certain time periods are automatically extended when service is made by US mail, express mail, overnight delivery, fax, or electronic transmission. These extensions should be added only after arriving at the default deadline imposed by statute or rule.

California State Court General Rule*

Whenever a statutory or rule-based time period (including a notice period or response deadline) is tied to the date of service of a document and service of that document is made by authorized means other than personal service, then add:

+2 Calendar Days (Only for Notice of Motions other than Summary Judgment): Service by fax, express mail, or overnight delivery. (CCP § 1005(b).)

+2 Court Days: Service by: Express mail or overnight courier (CCP § 1013(c).); Fax (CCP § 1013(e) (prior consent required)); or Electronic transmission (such as email or serving through an electronic filing service provider (EFSP) if pending before an e-filing court) (CCP § 1010.6(a)(3)(B), (b) (by prior consent or request or as required by the court)).

+5 Calendar Days: Service by Mail if the place of mailing and the place of address are both within the state of California. (CCP § 1013(a).)

+10 Calendar Days: Service by Mail if either the place of mailing or the place of address is outside the state of California but within the US. (CCP § 1013(a).)

+12 Calendar Days: Service by Mail if the place of address is the Secretary of State’s address confidentiality program. (CCP § 1013(a).)

+20 Calendar Days: Service by Mail if either the place of mailing or the place of address is outside the US. (CCP § 1013(a).)

* These extensions only come into play when the notice period, response time, or other deadline is tied to service of a document (CCP § 1010.6(a)(3)(B); CCP § 1013(a), (c), and (e)). They do not apply when the time period is triggered by service of the summons and complaint (CCP § 413.20 (the statutes governing service of summons contain their own time provisions)). They also may be altered by other statutory provisions or court rules (CCP § 1010.6(a)(3)(C); CCP § 1013(a), (c), and (e)). Do not extend the time to file: a notice of intention to move for new trial; a notice of intention to move to vacate judgment under California Code of Civil Procedure Section 663a; or a notice of appeal. (CCP § 1010.6(a)(3)(B)(i)-(iii); CCP § 1013(a), (c), and (e).)

California State Court Motions

California Code of Civil Procedure Section 1005(b), requires service and filing of motions at least 16 court days before the scheduled hearing. However, if service is other than personal service, the notice period is enlarged as follows (although the court may prescribe a shorter time (CCP § 1005(b)):

+2 Calendar Days: Service by Express mail or overnight courier, (CCP § 1005(b)).

+2 Calendar Days: Service by Fax (CCP § 1005(b) (Motions other than summary judgment motions). For motions served by fax, California Code of Civil Procedure Section 1005(b) and CRC 2.306(d) appear to be in conflict regarding the amount of time added to the notice period - so it is safest to use +2 Court Days.

+2 Court Days: Service by Fax or Express mail or overnight courier of summary judgment motions (CCP § 437c(a)(2))).

+2 Court Days: Service by Electronic transmission (such as email), the notice period is enlarged by two court days (CCP § 1010.6(a)(3)(B)).

+5 Calendar Days: Service by Mail if the place of mailing and the place of address are both within the state of California. (CCP § 1005(b).)

+10 Calendar Days: Service by Mail if either the place of mailing or the place of address is outside the state of California but within the US. (CCP § 1005(b).)

+12 Calendar Days: Service by Mail if the place of address is the Secretary of State’s address confidentiality program. (CCP § 1005(b).)

+20 Calendar Days: Service by Mail if either the place of mailing or the place of address is outside the US. (CCP § 1005(b).)

Federal Courts

+3 Calendar Days: Federal Rules of Civil Procedure, Rule 6(d) provides that when a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).

After counting the statutory period plus any additional days for service, if the last day of a time period falls on a holiday or weekend, the time period continues to run (forward or backward according to the direction of counting) to the next day that is not a Saturday, Sunday, or holiday (CCP §§ 10, 12, 12a(a), and 12b; CRC 1.10(a), (b); FRCP 6(a).)

"Legal Holiday" for purposes of calculating deadlines in federal court may also include California state holidays. If the last day of a period measured after an event (e.g. counting forward) is a federal holiday or any other day declared a holiday by the state where the district court is located, then the period continues to run until the end of the next day that is not a Saturday, Sunday, or federal or California holiday. (FRCP 6; FRCP 6(a)(6)(C); See Dwyer v. Duffy (9th Cir. 2005) 426 F.3d 1041, 1044 [Calculated federal deadline falling on the day after Thanksgiving which was not a federal holiday, but was a California holiday (and falling on a Friday) was moved to the following Monday].)

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