Legal Question in Business Law in California

The defendant served me a demurrer, with a hearing date. How many days do I have to file an opposition? Thanks.


Asked on 9/08/09, 7:38 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You must file the opposition at least 9 court days before the hearing. When counting, remember that the courts are closed the third Wednesday of each month because of the state's budget crisis.

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Answered on 9/08/09, 9:31 am

I agree with Mr. Cohen. Additionally, the Defendant can file a reply to your opposition 5 court days before the hearing. At the hearing, there will likely be oral arguments. Make sure to read up on all the rules for oppositions to motions as there are a lot of things that a novice to the process can get confused on (and things that can be a detriment to your case). I would suggest hiring an attorney to represent you/the company.

Also, if this is for a business keep in mind that a formal business entity (corporation, LLC, etc.) must be represented by an attorney in court.

If you're an attorney asking this question make sure you check the terms & conditions of this website and make sure you can provide proper representation to your client.

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Answered on 9/08/09, 2:26 pm


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