Legal Question in Civil Rights Law in California
civil demurrer
My attorney says he missed filing a repsonse demurrer to the defendents answer. He told me the deadline is 10 days. Is there anyway to get around this and get an extension.
3 Answers from Attorneys
Re: civil demurrer
He should file his response immediately, and include a declaration that says he was at fault. Nevertheless, a lot of lawyers never respond to a demurrer but go to court to argue. It depends on who the judge is, and how they take to not responding. Still, better late than never.
Re: civil demurrer
Not usually but honestly, demurrers to answers are not common and many people argue they are a waste of time. I believe they can have benefits, but your case will be able to go on with no problems from this, I am sure.
I would guess that demurrers are only filed to answers in less than 2-5% of cases.
I hope that makes you feel better about your situation!
-- Amy Kleinpeter
Re: civil demurrer
In addition to what I wrote earlier, your lawyer (or you) is misinformed. The deadline for a response is nine COURT days. See California Code of Civil Procedure section 1005.
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