Legal Question in Civil Litigation in California
I have tried to research rules that specifically set out the time line for responding to a demurrer, the closest I have found is this in the California Rule of Court:-
Rule 3.513. Service of memorandums and declarations
Unless otherwise provided in the rules in this chapter or directed by the assigned judge,
all memorandums and declarations in support of or opposition to any petition, motion, or
application must be served and submitted at least nine court days before any hearing on
the matter at issue.
This rule considers demurrer as a motion.
I have also researched demurrer in the Statutes but came across a confusing guideline about responding to demurrer.
Does any one have a recommendation about further information.?
I do appreciate all the great responses I have heard about this issue.
4 Answers from Attorneys
You must file and serve your opposition to the demurrer at least 9 court days before the hearing. You might, instead, amend the complaint and the demurrer becomes moot.
Go to the Law Bookstore, 1775 West La Palma Avenue, Anaheim. Purchase a copy of the student edition of "California Practice Guide: Civil Procedure Before Trial" (3 grey paperback volumes), It will cost you about $150 and contains all the answers you have been seeking, including legal time limits and how to have other parties served by mail. You can also find the non-student edition, a 3-volume looseleaf book, behind the reference counter of the law library at your local courthouse or law school.
The opposition is due 9 court days before the hearing. Code of Civil Procedure section 1005 subdivision (b) says so. It's not going to change if you keep haggling about it.
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