California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 4 — Motions and Orders, Section 1005.5

A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court for all purposes, upon the due service and filing of the notice of motion, but this shall not deprive a party of a hearing of the motion to which he is otherwise entitled. Procedure upon a motion for new trial shall be as otherwise provided.

Notes

Establishes that a motion on every ground stated in its written notice is made and pending for all purposes once the notice of motion is duly served and filed. Preserves any hearing to which a party is otherwise entitled and leaves new-trial motion procedure to the separate rules governing such motions.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 1005.5 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-4/section-1005-5

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