Legal Question in Credit and Debt Law in California

Amendment to a sustained Demurer

I recently had a demurer sustained without leave to amend which I was asking for the case to be dismissed due to the causes of action. The demurer was sustained and the case closed without predjudice. The opposing party has filed with the court and amendment lowering the amount of the complaint. Will the court grant an amendment on a case that was dismissed simply by the other party lowering the amount owed?


Asked on 6/19/09, 7:25 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Amendment to a sustained Demurer

I don't believe that the court will allow them to proceed under the defective complaint. Demurrer Sustained Without Leave to Amend, followed by a dismissal means that case is dead, and they must refile a new suit.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 6/19/09, 7:38 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California