Legal Question in Civil Litigation in California

Re: Demurrer

I would recommend that you file an amended cross-complaint. Do not waste your time with contesting the demurrer at this point.

Re: Demurrer

Your account of what happened is a bit imprecise, so I'm not sure what your current position is. Mr. RenicK and Mr. Cohen suggest amending your complaint, but it is not clear that the judge's ruling would permit you to do this, or that you still even have time to amend.

I'm also not sure what you mean by a motion to set aside the demurrer. Demurrers can't be set aside, only judgments can. And if the court has already entered a judgment then there is no reason for the other side to bring a motion to dismiss. Here again, the imprecision of your post makes it impossible to give you a good answer.

The court's decision to deny you a continuance when you were only served the day before the hearing is blatantly wrong -- assuming you provided convincing evidence that this is what happened. The defendant must give your proper notice and, if he did not, the court should have denied the demurrer on that basis. Are you sure your notice was so late?

If the court sustained a demurrer despite knowing that you had insufficient notice, then the Court of Appeal may be your best recourse. If there has already been a judgment then you may file an appeal therefrom. If there is no judgment yet, then you can try to bring a writ petition asking the Court of Appeal to intervene and make things right.

There are some things you must keep in mind. First, there are strict deadlines for filing a notice of appeal and related documents. If you appeal too late, you lose. Period. Also, depending upon exactly how the trial court ruled, filing an amended complaint without first challenging the ruling could waive some of your claims.

You need a lawyer's help, and you need it now. If you can't afford to pay one to represent you, at least pay for a consultation to find out what your options are and which might work best for you. You are in a very precarious position and if you don't handle it well you could be on the brink of losing -- even if your case should be a winner.

Re: Demurrer

I echo what Mr. Renick says. In addition, you should seek out a civil litigation lawyer in your neck of the woods to, at the very least, review your documents and assist you in preparing the amended cross-complaint. Don't drag your feet!

Re: Demurrer

What you are experiencing is a seasoned attorney using legal tactics and his knowledge of these, and yur lack thereof, to your disadvantage.

I concur with counsel, but add that you may want to confer with an attorney before you get in too deep that you lose your claim.