How to File a Notice of Non-Opposition in California

A notice of non-opposition in California is a short court filing that tells the judge you will not fight a pending motion, and under Code of Civil Procedure section 1005 it must be filed and served at least nine court days before the hearing.¹ Filed correctly, it can resolve the motion on paper and spare you a trip to the courthouse. Filed on the wrong kind of motion, it can cost you your case.

When a Notice of Non-Opposition Is the Right Move

The filing works well for procedural or low-stakes motions where the requested relief does not meaningfully hurt you. Motions to continue a hearing date, motions to be relieved as counsel, and routine discovery motions are common examples. If you would show up at the hearing and simply tell the judge you have no objection, filing the notice ahead of time lets the court resolve the motion on paper.

Be careful with dispositive motions. Filing non-opposition to a motion for summary judgment or a motion to dismiss is essentially agreeing that the other side wins on the merits, because those motions can end the entire case. Before you file, read the moving papers and confirm exactly what relief is being requested. The notice is a procedural concession to that specific relief. It does not mean you agree with the other side’s facts or theories, but the practical effect is that the judge grants what the moving party asked for.

The Filing Deadline

Your deadline runs backward from the hearing date. Code of Civil Procedure section 1005 requires all opposition papers to be filed and served at least nine court days before the hearing, and a notice of non-opposition takes the place of an opposition, so the same nine-court-day rule applies.¹ Court days exclude weekends and court holidays. Count carefully.

Proof of service must be filed with the court no later than five court days before the hearing.² If you serve the notice by mail within California, add five calendar days to the service deadline. Overnight delivery or fax adds two calendar days.¹

A late notice is risky. The clerk will not reject a filing purely for being late, but the judge has discretion to disregard a late paper entirely.² If the court ignores your notice, it may treat the motion as opposed, forcing a hearing you were trying to avoid.

What the Notice Must Say

The document is usually a single page. The top of the first page carries the case caption: the court’s name, the case title (for example, “Jane Doe v. John Smith”), and the case number. Directly below the case number, list the hearing date, time, courtroom, and the judge’s name if you have it.³ Title the document plainly, such as “Notice of Non-Opposition to Defendant’s Motion for Continuance.”

The body can be one sentence: “[Party Name] does not oppose [Motion Title] set for hearing on [Date].” If you want to make clear that you are not conceding certain facts or legal theories, add one or two sentences of reservation. Close with a signature block giving the name, address, phone number, and bar number (if applicable) of the attorney or self-represented party filing the notice.

How the Document Must Look

Every document filed in a California trial court must follow the formatting rules in Title Two of the California Rules of Court. Paper is 8½ by 11 inches.⁴ The left margin must be at least one inch and the right margin at least half an inch.⁵ Text is one-and-a-half or double-spaced, with lines numbered consecutively down the left side of each page. Pages are numbered consecutively at the bottom in Arabic numerals, though the number may be suppressed on the first page.⁶

Filing the Notice

If an attorney represents you, your court almost certainly requires electronic filing. California Rules of Court Rule 2.253 allows courts to mandate e-filing in civil actions, and most counties now do. You file through an approved Electronic Filing Service Provider, and the document is officially filed when the court’s system accepts the transmission.⁷

Self-represented parties are exempt from mandatory e-filing.⁷ If you represent yourself, you can bring a paper copy to the court clerk’s window, and the document is filed when the clerk stamps it. You can also choose to e-file voluntarily.

Serving the Notice

You must serve a copy on every other party. Parties represented by an attorney must accept electronic service, so you can serve them through your filing service provider or by email if they have consented. Self-represented parties who have not consented to electronic service must be served by traditional means: personal delivery, mail, overnight delivery, or fax.⁸

After serving, complete a proof of service documenting the method, date, and address used for each party, and file it with the court no later than five court days before the hearing.² A missing or defective proof of service is one of the most common problems courts flag. The proof must be signed by the person who actually performed the service, not by the party or attorney on the case.

What Happens at the Hearing

Once you file the notice, the judge sees there is no dispute left to resolve. The court still has discretion and is not required to grant the motion, but in practice an unopposed motion with proper paperwork is granted. Treat the filing as final: you will not get a second chance to argue against the motion. If circumstances change before the hearing, your options are to ask the moving party to take the motion off calendar or to file an ex parte application for relief.

Many California superior courts use tentative rulings. Under Rule 3.1308, courts that offer tentative rulings must post their preliminary decisions by 3:00 p.m. the court day before the hearing.⁹ With a notice of non-opposition on file, the tentative will almost always grant the motion, and if no party notifies the court of an intent to appear, that tentative becomes the final order without a hearing.

Not every judge uses tentatives. Rule 3.1308 states tentative rulings are not required.⁹ Where there is no tentative system, the matter may stay on calendar, but the judge will typically grant the motion without argument. Check your local court’s website for the county’s specific procedure.

Filing the Notice vs. Doing Nothing

Some parties simply ignore a motion, filing neither an opposition nor a non-opposition notice. That is almost always worse than filing the notice. The motion will still be granted, because the court treats silence as a failure to oppose, and you lose the chance to place any reservation on the record. You may also face sanctions.

Under California Rules of Court Rule 2.30, a court can impose monetary sanctions for failing without good cause to comply with procedural rules, including ordering the noncompliant party to pay the other side’s reasonable expenses and attorney’s fees.¹⁰ A timely notice of non-opposition avoids the risk. If you do not intend to fight the motion, this is the clean way to handle it.

1
Justia Law. California Code of Civil Procedure Section 1005
2
Judicial Branch of California. California Rules of Court Rule 3.1300 – Filing and Service of Motion Papers
3
Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
4
Judicial Branch of California. California Rules of Court Rule 2.103 – Size, Quality, and Color of Papers
5
Judicial Branch of California. California Rules of Court Rule 2.107 – Margins
6
Judicial Branch of California. California Rules of Court Rule 2.109 – Page Numbering
7
Judicial Branch of California. California Rules of Court Rule 2.253 – Permissive Electronic Filing, Mandatory Electronic Filing, and Electronic Filing by Court Order
8
California Legislative Information. California Code of Civil Procedure Section 1013
9
Judicial Branch of California. California Rules of Court Rule 3.1308 – Tentative Rulings
10
Judicial Branch of California. California Rules of Court Rule 2.30 – Sanctions for Rules Violations in Civil Cases