Legal Question in Business Law in California
Do I have to answer to Demurrer and motion to strike separately?
I got hit by two sets of papers by the defendant: A demurrer and a Motion to strike part of my Complaint. DoI have to answer separatly or not? Do I have to write an opposition to the demurrer and on a separate papers I have to respond to the motion to strike.Even thaw in both, the demurrer and themotion to strike are argude the same exact thing?
1 Answer from Attorneys
Re: Do I have to answer to Demurrer and motion to strike separately?
It is prudent to do so. The judge will consider each motion separately. Due to the way that the court processes the motion paperwork, it is necessary to respond individually to each motion, irregardless of whether they are repetitive and are scheduled to be heard at the same time. Moreover, if you only file one response, it is possible that the other side will argue you did not respond to the other motion, giving them what amounts to an automatic win. In fact, a retired judge counseled that he always works backwards through the paperwork, reading the reply first because it has been boiled down to the most relevant issues. In light of that advise, I draft assuming that the judge will do so. Assume each paper you file is the first he will grab and it needs to be convincing.
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