Legal Question in Business Law in California

Re: question about demurrer

Ho, ho. You have discovered there's more to lawsuits than just filing a complaint (I infer from your question that you are a plaintiff in pro per). Suppose somebody here tells you how to oppose a demurrer and you manage (unlikely) to successfully do so. What then? Maybe it's time to retain an attorney. And to answer your question, if you are going to oppose the demurrer (you may have other options) you must file and serve your opposition 9 court days prior to the hearing.

Re: question about demurrer

Code of Civil Procedure Section 1005(b) requires that your opposition papers be personally served on the opposing party and filed with the Court at least 9 court days before the hearing. You cannot serve the documents yourself.

Opposing a demurrer is very complex. You probably need the assistance of an attorney. Feel free to contact my office if you need assistance.

Re: question about demurrer

I would only add to my colleagues' astute advice that filing a little late is better than not filing at all. If you file and serve by the fastest possible method a day or two late, the judge MIGHT give you the benefit of the doubt and give some weight to your opposition. In other words, it is better to file a little late than not at all, especially in that a ruling sustaining the demurrer may be with or without leave to amend depending upon whether the judge thinks you give a darn.