Legal Question in Civil Litigation in California
Double demurrer
Can an amended demurrer, against the same pleading, be submitted before there has been a hearing on the one previous?
2 Answers from Attorneys
Re: Double demurrer
The simple answer is "yes". You may not need to, however. You can also write the other party and request that they change the complaint the way you are seeking to via demurrer, and you can argue the additional changes at the oral argument.
If you want to amend the demurrer, you should call the court, ask for a new date within the time periods allowed by the local rules and the rules of court, submit a new demurrer motion, and send a "notice of hearing", AND a copy of the new motion to the opposing party or their attorney.
If you have other questions or want more information, please feel free to email or call my office at 1-877-568-2977 (toll free), and I'll help you in any way that I can.
Re: Double demurrer
If you are the party which filed the demurrer, you can take it off calendar. Then file a new demurrer. Unless you are doing this just to harrass the other party, you are within your rights.