Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Robinson v. Woods

California Court of Appeal
86 Cal. Rptr. 3d 241 (2008)


Terry Robinson and Stephanie Hammonds (plaintiffs) sued Aaron Woods and Woodland Properties, LLC (Woodland) (defendants), seeking to quiet title to real property. Woodland filed a motion for summary judgment and mailed it to the plaintiffs. Woodland set the motion for hearing on April 12, which was 76 days after the date of mailing the motion and 18 days before trial. The plaintiffs’ response did not address the motion’s merits. Rather, the plaintiffs’ only argument was that Woodland’s motion was untimely, and therefore invalid, for two reasons. First, under California Code of Civil Procedure § 437c, a summary-judgment hearing cannot be set any earlier than 75 days after service. If a motion is served by mail, by statute, that added 5 days for service to happen and creates a minimum total of 80 days needed between the mailing of the motion and the hearing date. Second, also under § 437c, a summary-judgment hearing cannot be set within 30 days of the trial date without first obtaining the trial court’s consent. On April 12, the trial court agreed that the hearing date did not comply with the statutory requirements because it was only 76 days from the date of mailing instead of 80, and it was set for less than 30 days from trial without the court’s consent. Rather than reject the motion, the trial court continued the hearing for 4 days and invited the plaintiffs to provide a response to the motion’s merits. On April 16, the date of the continued hearing, the trial court determined that good cause existed for setting the hearing within 30 days of the trial date and held a hearing on Woodland’s summary-judgment motion that day. The plaintiffs had still not filed a response to the merits and objected to only having four days to come up with a new response on the merits. The trial court granted summary judgment to Woodland. The plaintiffs appealed.

Rule of Law


Holding and Reasoning (Mallano, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial