Legal Question in Civil Litigation in California

An insane homeless man who my brother allowed to live on his country property and would not leave when my brother told him to, has, since my brother died, contested the will, and an Unlawful Detainer, with no success. He has filled a Creditor's Claim, and a suit for Breach of Contract, Fraud and Intentional Tort over a claimed lifetime tenancy with only his oral testimony to prove it. We filed a Demmurrer and he has answered and amended it. We rejected the Creditor's Claim and he failed to meet the deadline for answering it with an amended complaint. Can he continue with these suits, and how many times can he answer and amend a Demurrer?


Asked on 8/26/10, 1:47 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you demurred, he can amend his complaint once, as a matter of course, before the hearing on the demurrer. If you demurrer again, he cannot amend unless the judge gives him "leave" to amend. If the judge gives him leave to amend, and he does not amend, within the time, you can appear ex parte and ask the court to dismiss. If he files a belated amendment, you can demurrer and again and move to strike his untimely amended pleading.

He gets to amend as long as the court gives him leave to amend. If the court sustains the demurrer, without leave to amend, that is the end of his case unless he later appeals.

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Answered on 8/31/10, 1:59 pm


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