Legal Question in Construction Law in California

Re: Demurrer to strike

It sounds like you're not a party to the lawsuit . . . yet. Call the owner or the attorney for the owner and ask if they expect to sue you.

You can lien the job (assuming you complied with 20-day notice requirements and assuming you meet other criteria) and do anything else you'd normally do when you don't get paid. However, because of the lawsuit that is pending, your dispute might get swirled in with the rest of it.

The amount you're owed will be a significant factor in deciding what is the best course of action for you.

Contact me directly if you'd like to discuss. I won't charge for a consultation.

Good luck,

Ben

Re: Demurrer to strike

After a second reading, I'm not sure if the owner brought suit via cross-complaint in your action or if the owner's case is separate litigation.

Call if you'd like to discuss.

Re: Demurrer to strike

Get an attorney that knows how to handle lawsuits, unless you know how to do so yourself. It would appear you don't, by your question. If the motion is against you, you must prepare Opposition pleadings, explaining why the court should not grant their motion. If you weren't served with it, you must make sure they aren't taking a default against you on the motion. Feel free to contact me if you want legal help in this.

Re: Demurrer to strike

You are probably talking about 2 separate motions...one called a demurrer and the other called a motion to strike. I cannot tell from what you posted if the motions are directed at your lawsuit, the owner's lawsuit or someone'e else's lawsuit.

If the motions are directed to your lawsuit, you need to have an experienced construction attorney review the matter to see if the motions have merit. You may need to file opposition to the motion or file and amended complaint. It is impossible to advise you further without knowing more about the substance of the motions.

If the motions are directed to the owner's lawsuit or another lawsuit, you not need to do anyting or it might be advisable to join in the motion. If you want to consult with a litigator experienced in construction law, feel free to call my office.

Re: Demurrer to strike

It the damages exceed several thousand dollars get represented. Contact me directly 19 years experience.

Re: Demurrer to strike

You question is somewhat confusing as indicated by the various answers. I am assuming that you are a subcontractor who has sued the general contractor and owner under a breach of contract theory and the owner has filed a cross complaint against the general contractor.

Then a demurrer and a motion to strike have been filed. You should hire an attorney experienced in construction litigation to respond immediately to the demurrer and motion or you will probably lose the demurrer and motion to strike if it was against you.

Please review my profile and contact me if you wish to discuss the case. If was in construction for 15 years before I became an attorney and I practice in construction law in cases such as this one.

Thank you for your question.

Re: Demurrer to strike

It's probably a demurrer and motion to strike combined in a single pleading (that would be usual practice).

If you have not seen the demurrer, go to the court clerk and get a copy, and read it very carefully. Then ask yourself whether what the defendant demurs to, and/or wishes to strike, affects you adversely, doesn't affect you much, or would actually be helpful to you if granted. Then take a position for or against, or do nothing, according to its possible impact on your interests.

Supporting and opposing demurrers is very technical turf and no place for an in pro. per. litigant. If the dollar amount warrants, hire a lawyer.