Legal Question in Civil Litigation in California
Can a defendant file a Motion For Summary Judgment before a demurrer hearing (while Demurrer is on calendar) and before filing an Answer to Plaintiff's complaint?
1 Answer from Attorneys
I don't see why not as long as at least 60 days have elapsed; a demurrer is a general appearance.
California Code of Civil Procedure sec. 437c says --
(a) (1) A party may move for summary judgment in any action
or proceeding if it is contended that the action has no merit or that
there is no defense to the action or proceeding. The motion may be
made at any time after 60 days have elapsed since the general
appearance in the action or proceeding of each party against whom the
motion is directed or at any earlier time after the general
appearance that the court, with or without notice and upon good cause
shown, may direct.