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Serving a notice of ruling in California

by Stan Burman

Serving a notice of ruling in California is the topic of this blog post. 

Serving a notice of ruling in California is governed by Code of Civil Procedure section 1019.5 which requires the prevailing party on any motion to give notice of the court’s ruling to all other parties or their attorneys unless notice is waived by all parties and is entered in the minutes. 

Code of Civil Procedure § 1019.5 states that, 

“(a) When a motion is granted or denied, unless the court otherwise orders, notice of the court’s decision or order shall be given by the prevailing party to all other parties or their attorneys, in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes.

(b) When a motion is granted or denied on the court’s own motion, notice of the court’s order shall be given by the court in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes.”

If you are the prevailing party on any motion you should serve a notice of ruling on all other parties or their attorneys as soon as possible.

I cannot stress enough the importance of promptly serving a notice of ruling if you are the prevailing party as if you fail do so it could prove to be a costly mistake as it may allow a motion for reconsideration to be filed where prompt service of the notice would prevent any motion being filed.

This is due to the fact that a California Court of Appeal has ruled in a published case that a notice of ruling under section 1019.5 starts the time running for a motion for reconsideration. See Advanced Building Maintenance v. State Comp. Ins. Fund (1996) 49 Cal.App.4th 1388, 1392.

And a well respected legal treatise on California civil procedure agrees and states that the whole purpose of section 1019.5 is to "start the time running" on a party's ability to "seek reconsideration." Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2012) ¶ 9:320.1, p. 9(I)-122.

Attorneys or parties in California who would like to view or download a FREE sample notice of ruling for California created by the author of this blog post can use the link shown below.

Sample Notice of Ruling for California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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