Legal Question in Civil Litigation in California

Re: demurrer

From the limited information in the post, it is not completely clear what is happening procedurally and so the response is not going to be a clear recommendation. You may need to consider a CCP Section 473 motion for "excusable neglect", which includes "surprise" (i.e. not getting the motion and being surprised to hear that there was a problem). Since you indicate that he is "going to" request that the court strike the complaint, it sounds like the demurrer and/or motion to strike hearing has not yet taken place. If so, there may be time to get an opposition on file prior to the hearing date with explanation as to why it was late. It would be the court's discretion whether to accept and consider the belated opposition. You're in serious trouble with this case with little time to respond based on what you've posted. If there is very much money at stake, you'd be well advised to invest in an attorney to assist you who is familiar with the specifics of the case. Due to the limitations of this forum, the attorneys can only point you generally in the correct direction.

Re: demurrer

Get an attorney right away.

Re: demurrer

If he's going to request that the court do this, you still have time to file an amended complaint. If the court already ruled on his motion, then you might have to move to set aside the court's ruling because of inadvertence and/or excusable neglect. Please provide me directly with more details and I'll see if I could unravel what's going on.

Re: demurrer

Your 'move' is to get the legal help you need to pursue this case. You're probably going to have to file a motion for relief from default if he gets your Complaint dismissed as stated. You've got to file proper opposition to his motions. Then you're going to have to do and respond to discovery and prepare for trial.

Without sarcasm, what makes you think you can successfully pursue this case against an experienced attorney if you don't know what to do at this early stage? You have to know and follow all the court rules and procedures, and are held to the same standards as an attorney.