To oppose a motion, prepare the following papers, file them with the court and serve them on the other parties in the case. File a Proof of Service with the court after you serve the other parties.
An opposition to a motion is comprised of the following:
Memorandum of Points and Authorities
This is a summary of the facts and law supporting your position. To write this, it is helpful to review any statutes or cases which the moving party cites in his or her own Memorandum of Points and Authorities, making sure that the laws are still valid, they actually support your opponent’s position, and also review the section discussing the particular grounds for the motion in California Points and Authorities (KFC1010 .B4 / Lexis). See the Sample Template tab in this guide for a generic format.
In order to support your opposition, you must cite to cases or codes that support your legal arguments. These cases and codes are your "Authorities." Basically, you can think of it as making your "point" and following up with "authorities" that support you. You must cite cases or codes that could be interpreted in your favor given the facts and procedural posture of your case.
Declaration Opposing the Motion
Declarations are necessary if you wish to dispute facts presented in the moving party’s papers or present additional facts of your own. It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030, present facts within your (or some other declarant’s) personal knowledge and be signed by you (or the other declarant) under penalty of perjury. If you do not want to use the Judicial Council Form, see the Sample Template tab for a basic guide. You may submit declarations from more than one person.
Exhibits
If your Memorandum of Points and Authorities and/or Declaration(s) refer to exhibits, these should be attached with dividers in front of each that have tabs sticking out on the bottom identifying them (e.g., as “Exhibit A”) (California Rules of Court, Rule 3.1110(f)).
Proof of Service
You must file your motion with the court and serve a copy on the opposing party. You can use a Judicial Council Proof of Service form. There are several form options depending on how you have the other party served. Select the form that best fits your situation.
