Under existing law, a party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. Notice of the motion and supporting papers must be served on all other parties to the action at least 75 days before the time appointed for the hearing. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice is increased by 2 court days. Existing law authorizes documents to be served electronically in civil actions, as specified. If a document is served electronically, any prescribed period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, is extended by 2 court days, unless an exception applies.
This bill would clarify that the required 75-day notice period for motions for summary judgment is extended by 2 court days if notice of the motion is served electronically.