Heads as much as all employment litigators in California – modifications are coming to the foundations governing Motions for Abstract Judgment and Abstract Adjudication come January 1, 2025.
Each plaintiffs and defendants in employment litigation typically use these motions to both win a case outright, or knock out claims (and therefore restrict disputed points), earlier than trial.
Assembly Bill No. 2049 was enacted by the Governor on July 15, 2024 and can amend Part 437(c) of the California Code of Civil Process efficient January 1, 2025.
Below 437(c) because it stands now, the next deadlines are in place:
- A movement for abstract judgment or abstract adjudication in a civil motion or continuing have to be served and filed no less than 75 days earlier than the listening to on the movement;
- An opposition to the movement have to be served and filed no less than 14 days earlier than the listening to on the movement; and
- A reply to the opposition have to be served and filed no less than 5 days earlier than the listening to on the movement.
Nevertheless, the amendments will modify the statutory deadlines to the next:
- A movement for abstract judgment or abstract adjudication in a civil motion or continuing have to be served and filed no less than 81 days earlier than the listening to on the movement;
- An opposition to the movement have to be served and filed no less than 20 days earlier than the listening to on the movement; and
- A reply to the opposition have to be served and filed no less than 11 days earlier than the listening to on the movement.
Past extending submitting deadlines, the amendments will make substantive modifications to present legislation:
- Events will probably be prohibited from submitting multiple movement for abstract judgment towards an antagonistic social gathering with out depart of courtroom; and
- Events will probably be prohibited from introducing new details in a reply to an opposition to a movement for abstract judgment.
California employment attorneys ought to take heed of those modifications come 2025, which on steadiness, might carry a constructive change to the statutory scheme that had remained largely untouched for 20 years.