2026–2027 California Civil Procedure Trapdoors: AB 2049 (81-Day MSJ), AB 747 (§ 473.2), and C.C.P. § 2016.040(b)
Three recent statutory overhauls in the Code of Civil Procedure that routinely trip up civil litigators and outdated legal software.
1. AB 2049 Summary Judgment Deadlines: 81 / 20 / 11 Days
Effective January 1, 2025 under AB 2049, Code of Civil Procedure § 437c(a)(2) expanded the minimum notice period for a Motion for Summary Judgment or Summary Adjudication from 75 days to 81 days before the hearing (plus mail or electronic service extensions under § 437c(a)(2) and § 1010.6).
Oppositions are now due at least 20 days before the hearing (up from 14), and Reply briefs are due at least 11 days before the hearing (up from 5), with § 437c(b)(2) & (4) barring massive new evidentiary dumps in reply.
2. Mandatory Court-Reporter Meet & Confer: C.C.P. § 2016.040(b)
Effective January 1, 2026, Code of Civil Procedure § 2016.040(b) requires every civil meet-and-confer declaration to state explicitly whether the parties conferred regarding stipulating to an official or privately retained court reporter (including remote reporting). Omitting paragraph (b) gives opposing counsel an immediate procedural objection on motions to compel.
Remember also that under Golf & Tennis Pro Shop, Inc. v. Superior Court (2022) 84 Cal.App.5th 127, the 45-day jurisdictional clock to compel further responses to interrogatories runs from service of verified responses. Unverified responses or objection-only responses do not trigger the 45-day clock as to unverified factual answers.
On January 1, 2027, current C.C.P. § 473 sunsets and is replaced by restructured §§ 473 and 473.2 governing mandatory and discretionary relief from default, default judgment, or dismissal.
3. Don't Forget the Companion Separate Statement (CRC Rule 3.1345)
A Memorandum of Points and Authorities alone is never a complete Motion to Compel Further Discovery Responses in California Superior Court. California Rules of Court, Rule 3.1345 mandates a standalone Separate Statement setting forth each discovery request and response verbatim, alongside a Notice of Motion (Rule 3.1112) and Supporting Declaration.
