In California, a tentative ruling is the judge’s proposed decision on a motion before the hearing. Here’s how to properly respond to it under California Rules of Court and local court rules:
Understand the Tentative Ruling System
Most superior courts in California use the tentative ruling procedure for law and motion matters (e.g., demurrers, motions to compel, motions for summary judgment).
The tentative ruling will:
- Be posted online or by phone (usually by 2:00–3:00 p.m. the day before the hearing).
- Indicate how the judge intends to rule if no party contests.
How to Respond
➤ If You Agree With the Tentative Ruling
- Do not call or file anything.
- You usually don’t need to appear at the hearing.
- The tentative ruling becomes the final ruling.
⚠️ Exception: Always check the local rules of the county (e.g., Sacramento, LA, San Diego). Some courts may still require appearance for oral argument.
➤ If You Disagree and Want Oral Argument
- You must notify the court and opposing counsel before the court’s deadline (often by 4:00 p.m. the day before the hearing).
- You must follow the court’s procedure (phone call, email, or online form) exactly.
Example (Sacramento Superior Court):
“To contest the tentative ruling, you must call the department clerk and the opposing party no later than 4:00 p.m. the court day before the hearing.”
- If done properly, the motion will be argued in person or virtually at the hearing.
Should You Attend the Hearing?
| Situation | Should You Appear? |
|---|---|
| You agree with tentative | ❌ No — unless local rules require it |
| You disagree and want to contest | ✅ Yes, but only if you notify court & counsel on time |
| Opponent contests ruling | ✅ Yes — court will hold argument |
Best Practice: Even if you agree, check if the opposing side is contesting. If they do and you don’t show up, you may lose the argument.
What Happens at the Hearing
- If hearing proceeds, judge may:
- Stick with tentative ruling,
- Modify it,
- Or reverse it.
- Oral argument is often brief and focused.
Key Legal Authority
- CRC Rule 3.1308 – Tentative rulings
- Local rules of the specific superior court (e.g., LASC Rule 3.3(f), Sacramento Rule 1.06)
Summary
| Step | Action |
|---|---|
| 1 | Review tentative ruling (usually after 2–3 PM prior day) |
| 2 | If no dispute, no need to appear |
| 3 | If you want to contest, notify court and parties timely |
| 4 | Check local rules for appearance requirements |
| 5 | Prepare oral argument if proceeding to hearing |