summary judgment untimely

[alexanderkos]

Hello,
A summary judgment was served on me 108 days before trial. In my research I believe the deadline is 120 days before trial. ccp 437 (c), 1013. Is this correct and can I file a motion opposing summary judgment based on untimely filing.
Thanks
Michael

 

[mightymoose]

You can motion, but unless you are prepared to show that you don't have enough time to prepare then don't count on it being granted. Odds are that is not the case.