Jurisdiction guides

California Litigation Drafting for Attorneys

California civil drafting for complaints, demurrers and oppositions, discovery motions, summary judgment and trial. Litigify works to the California procedural vehicle counsel selects, with the court, department and current orders identified at intake. Membership from $1,500 a month.

A demurrer is its own drafting assignment

California Rule of Court 3.1320 requires separately stated demurrer grounds identifying the pleading, cause of action or defense challenged. We organize the grounds and corresponding memorandum around counsel’s instructions, with the correct party and pleading identified in the caption. The operative pleading, prior amendments and meet-and-confer materials belong in the intake; a federal Rule 12 brief is not substituted for this structure.

Points and authorities have defined limits

Rule 3.1113 ordinarily limits opening and responding memoranda to 15 pages, or 20 pages for summary judgment or summary adjudication; reply or closing memoranda are limited to 10 pages. Specified components are excluded, and a longer memorandum requires permission under the rule. We confirm any more specific governing rule or order, then outline to the available space and check the required tables.

A separate statement must connect the fact and the proof

For summary judgment and summary adjudication, Rule 3.1350 prescribes the supporting and opposing documents and separate-statement format. We connect each proposed fact to the identified exhibit and pinpoint, maintain consistent numbering, and distinguish the factual statement from the memorandum’s argument. Discovery motions may require a different separate statement under Rule 3.1345; the two are not interchangeable.

Prepare the document for the actual court

Rule 2.104 generally requires a font size of at least 12 points unless the rules specify otherwise. The assignment also checks the applicable caption, pagination and electronic-document requirements, plus the court’s filing and hearing procedures. Counsel confirms statutory notice and filing deadlines, service effects, reservations and any tentative-ruling procedure. Those dates are not calculated from a generic turnaround estimate.

Start with the controlling materials.

Scope the jurisdiction-specific work.

Can you draft an opposition to a demurrer?

Yes. Provide the demurrer, memorandum, operative pleading and counsel’s response and amendment instructions. Any proposed amended pleading is separately identified in the scope.

Can you prepare a summary adjudication motion?

Yes. Counsel identifies the issue or issues to be adjudicated and approves the procedural basis. The brief, separate statement and evidence-related documents are scoped together as needed.

Do California federal cases use these state motion rules?

Not automatically. A case in a federal district court in California requires the federal procedural rules, applicable local rules and judge’s orders. Tell us the court, not just the state.

Membership from $1,500 a month

Match the draft to the court and the record.

See membership plansor try us first: create a free account for a free draft →