Cal. Rules of Court, rule 3.1351 · Article 5. Summary Judgment Motions
Motions for summary judgment in summary proceeding involving possession of real property
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Notice
In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.7.
(b) Opposition and reply at hearing
Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).
(c) Written opposition in advance of hearing
If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2016.)
(Subd (c) amended effective January 1, 2016.)
Rule 3.1351 amended effective January 1, 2016; adopted effective January 1, 2009.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1351
- Text hash
- sha256 640653dd1370d664c2ed527eb45e09bd7c87980a7cef5de18f66c2c48045a0ce
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., § 1010Printed as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1010.6Printed as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013 | Code of Civil Procedure sections 1010.6 or 1013 and 1170.7
- Code Civ. Proc., § 1011Printed as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1012Printed as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1013Printed as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013 | Code of Civil Procedure sections 1010.6 or 1013 and 1170.7
- Code Civ. Proc., § 1170.7Printed as Code of Civil Procedure sections 1010.6 or 1013 and 1170.7
Cited by 1 provision
Provisions in this library whose text cites Cal. Rules of Court, rule 3.1351. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.