Why Creditors Are Overplaying Their Hand
For years, consumer MSJs followed a predictable script:
- Produce a contract
- Assert nonpayment
- Declare damages
- Demand judgment
But California has changed the rules.
Effective January 1, 2025, Assembly Bill 2049 fundamentally reshaped Code of Civil Procedure §437c, imposing heightened procedural discipline that many high-volume creditor firms are failing to satisfy.
What AB 2049 Actually Changed—and Why It Matters
Longer Timelines, Higher Scrutiny
Creditors must now serve MSJs at least 81 days before the hearing, with oppositions due 20 days prior, and replies 11 days prior. Judges now have more time—after full briefing—to examine whether the moving party truly carried its burden.
One Bite at the Apple
Creditors are generally limited to one MSJ, absent a court order for good cause. This prevents lenders from filing premature motions and “fixing” defects later.
No New Evidence on Reply
Perhaps most critical: no new facts or evidence may be introduced in reply papers. If a creditor’s motion is deficient at filing, it cannot be salvaged after the opposition exposes the flaw.
For consumers, this is not technical trivia—it is leverage.
