Does a notice of motion need to state that the motion is being made upon a particular ground?

California, United States of America


The following excerpt is from Carrasco v. Craft, 164 Cal.App.3d 796, 210 Cal.Rptr. 599 (Cal. App. 1985):

Even though the notice of motion fails to state a particular ground for the motion, where the notice states, as here, that the motion is being made upon the notice of motion and accompanying papers and the record, and these papers and the record support that particular ground, the matter is properly before the court and the defect in the notice of motion should be disregarded. (Savage v. Smith (1915) 170 Cal. 472, 474, 150 p. 353.)

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Can a motion to dismiss be dismissed on the grounds that the motion is invalid on other grounds? (California, United States of America)
Does a court's specification of reasons for granting a motion for a new trial, which does not state any grounds or reasons for the decision to grant the motion, constitute untimely and void? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
How have courts dealt with the omission of the full text of rule 5-101 in the body of a motion to dismiss a motion for introduction of evidence on lack of notice? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.