In 2025, California made several important amendments to the California Rules of Court and Code of Civil Procedure. Of particular importance were the changes the Legislature made to California Code of Civil Procedure 437(c) pertaining to the deadlines for filing papers for summary judgment motions.
Effective January 1, 2025, summary judgment motions must now be filed at least 81 days before the hearing date plus time for service. The old rule required the papers to be filed at least 75 days before the hearing date. Oppositions are now due 20 days before the hearing instead of 14, and replies are now due 11 days before the hearing instead of 5 (plus time for service).
The amended statute also makes it explicit that new evidence is not permitted in the reply.
Another significant amendment was a change to the amount of time that tenants have to respond after service of an unlawful detainer complaint. Defendants now have ten days to respond to the complaint. It used to be 5 days.
As to the California Rules of Court, Advisory Committee comments were added to California Rule of Court, Rule 3.1385 to explain how the rule operates. This rule requires filing a notice of settlement and request for dismissal after settlement. There was confusion as to whether this rule had to be complied with if the court retained jurisdiction of the case under Code of Civil Procedure 664.6. The comments provide guidance as to what the sections under this rule mean and makes it clear that its provisions are not inconsistent with California Code of Civil Procedure Section 664.6.