Legal Question in Civil Litigation in California
Canceling a hearing on demurrer
As the plaintiff in a civil law suit, I filed a demurrer against one of the defendants who had filed a cross complaint against other defendants and included me as one of the cross defendants. The court scheduled a hearing for the demurrer for next month.
The cross complainant has now amended her cross complaint and took me off their cross complaint. Do I still have to inform the court to take the hearing off their calendar? If so, what form do I need to use and what should I do?
Thank you for your advice.
1 Answer from Attorneys
Re: Canceling a hearing on demurrer
Depending on the court, it would be courteous to do so, so that the court personnel won't expend time and effort reviewing your moving papers. You should call the court clerk and simply explain that the demurrer is moot. If you have to formally notify the court, file a simple one-paragraph pleading stating that the demurrer is withdrawn because the cross-complaint has been amended and you no longer are a party to the cross-complaint. (FYI: The filing of a subsequent complaint/cross-complaint that omits a previously-named party serves as a dismissal of that party without prejudice.)
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