Legal Question in Civil Litigation in California
In an Unlimited Civil (Defamation)Case, Defendant (an H.O.A.), through their attorney, responded to a complaint with a Demurrer, Memorandum of Points & Authorities (filed and served seperately), and Declaration (also filed seperately).
The Notice of Demurrer, Demurrer (itself) and Declaration was filed and served within the 30 days allowed. BUT, the Memorandum of Points and Authorities was filed and served, seperately, 40 days after defendant was served with the complaint, thus making that Memorandum untimely.
I wanted to know, since the Memorandum of Points & Authorities was untimely, but the Notice of Demurrer, Demurrer, and Declaration were not (cause they were filed on time), would that make the whole demurrer (Notice, Demurrer, Declaration) untimely too.
4 Answers from Attorneys
No. The court will not likely do anything when the supporting documents are later filed. Unless not served and filed within the 21 day requirement.
None of it is untimely unless the hearing is less than 21 days after the MPAA was filed.
The memorandum was timely if it was filed far enough ahead of the hearing date. That is was filed 40 days after the complaint was served is beside the point.
It's irrelevant, you didn't take their default so any papers they filed before you could take their default are timely.
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