This guide provides general information, resources, and sample templates for opposing a motion (also known as responding to a motion) in San Diego Superior Court. This guide is not intended as legal advice or a substitute for doing your own research.
A motion is a request by a party to a lawsuit to have the Court hear a particular issue and make a ruling. Basically, it is how a party tells the court that there is something wrong and they want the court to hear the matter and make a decision that will impact all or part of the case. Just a few examples of civil motions include:
There are numerous different types of motions that can be filed at various stages of the case. Because of this, you will need to do some research to see how to properly respond/oppose. This guide is intended to be basic and does not cover the format or rules for every situation. Please see the many resources available on our Resources tab.
This guide does NOT cover responding/opposing a summary judgment, a summary adjudication, motion to strike, or a demurrer. These are special situations which may have different rules and require different formatting of documents. This guide also does NOT cover a motion to vacate a default judgment, which is covered by a separate guide. The library has materials specifically on these topics. Ask a reference librarian for assistance in locating the law and sample templates.
This guide offers a general outline of procedures you may use to oppose a motion which has been submitted by the other party. This guide is 
not intended to serve as a comprehensive resource on opposing motions. You are strongly advised to study the resources available. Finally, the decision to oppose a motion must be made by you. Nothing in this guide should be taken as a recommendation for or against opposing a motion.
• Whether the motion raises an issue which could be resolved by agreement between the parties prior to the hearing date.
• Whether you have good grounds for opposing the motion or whether opposing it might be regarded as a delaying tactic, resulting in sanctions against you by the court.
• Whether failing to oppose the motion might be regarded as admitting that the other party’s position is correct, resulting in an adverse decision by the court if you do not oppose it.
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