Legal Question in Civil Rights Law in California
demurring an amended complaint
I amended my original complaints in accordance to the requirements of the court and the first demurrer but the defendant's lawyer filed a 2nd demurrer on the amended complaint. I believe it is a desparate attempt to avoid the jury. I don't believe the complaint can be amended anymore in the sense I have addressed all the issues of the first demurrer.
Question:
1. What should be my next move?
2. Can I just do nothing and wait for the court's response?
3. How is it that whenever the defendant files a demurrer a court date is set for a hearing but when I file a motion for a default judgement (because defendant did not respond within the time required by the rules) no hearing date was set. Is it because I didn't request it?
4. Defendants latest demurrer (on the amended complaint) was filed one day before I filed the motion for a default judgement (about 16 day late). How is the court going to handle these issues?
Thanks
z
1 Answer from Attorneys
Re: demurring an amended complaint
You should file an opposition to the demurrer.
You need to check with the Clerk, you often have to call and get a hearing date before filing a Motion, depending on the Court.
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