Legal Question in Business Law in California
I have filed an action in the limited jurisdiction of the superior court. The opposition has filed a demurrer and set up a hearing date for the demurrer.
I intend to file a response to the demurrer.
How many days before the hearing date of the demurrer must I file my response by? What rule of court is this under?
3 Answers from Attorneys
CCP 1005 (b)
All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party at least nine court days, and all reply papers at least five
court days before the hearing.
Just file an amended complaint that corrects the defects they claim exist in the original complaint. That automatically cancels the demurrer.
Both prior answers are correct. You have two procedurally possible paths. However, only one will produce the best results. This depends upon whether your complaint, as written, filed and served, contains an error that is "demurrable" but which can be corrected by filing an amended complaint, or whether objecting to the demurrer is tactically correct. A third possibility is, of course, that neither objecting to the demurrer nor amending the complaint will overcome the problem(s) (if any) in the complaint. Only a lawyer with fairly thorough experience in pleading causes of action could advise you what the judge is likely to decide.
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