Legal Question in Civil Litigation in California

The time to answer these questions is before you file the lawsuit. The basic problem is, You Don't Know What You're Doing. If you are in a lawsuit, and you don't know what you're doing, you can do one of three things. 1) Pretend you know what you're doing and bull ahead with the case anyway; 2) Get professional help; or 3) Drop your lawsuit. If you choose 1) the defendants' demurrer will be sustained, and you will lose the case. 2) could include retaining an attorney, and there are also other kinds of professional help that might be appropriate; 3) is better than losing the case following plan 1), and you will have time, if there is any time left on the statute of limitation, to consult and retain an attorney before refiling.

In response to your questions,

1) Usually, on demurrer, the court must look only at the four corners of the pleading, but may take judicial notice of things that lend themselves to being noticed;

2) Opposition must be mailed by first class mail, and not certified/return receipt (sometimes those types of mail are refused);

3) Summary judgment may be filed at any time in the case, but most likely a time after both parties have sufficient time to conduct discovery. The motion must be heard no later than 30 days before the initial trial date. If, despite reasonable diligence, a party has not been able to complete discovery, a court likely will entertain a request in the opposition papers to extend the time for the hearing to allow for discovery. Of course, it must be pretty specific as to what discovery is needed, and why it's relevant to the MSJ.

The purpose of LawGuru is to assist with general questions, and not to provide a scolding.

Scoldings are free, and they don't cost you money or the forfeiture of your possibly good case. You need to discuss what it is about this case that requires you to file and prosecute it acting as your own attorney, even against all the odds. Maybe someone here can help you find a solution that doesn't involve getting yourself in over your head, financially and otherwise.

I agree with Mr. Cohen, but I also agree with Mr. Stone that you need counsel. Summary Judgment motions and demurrers are very technical, and even attorneys make critical mistakes that affect the outcome of these motions.