Legal Question in Insurance Law in California

Dear Law GuRu

Well, gentlemen after I submitted my opposition to demurrer. they sent me a formal REPLY that was filed yesterday. The Reply states that my opposition is unopposed because they feel that I brought up new allegations. When in fact it is the same thing I've talking about all along I just attached prof so the judge could see it. I know I should reply, So what should I title this paper?


Asked on 3/09/11, 9:33 am

2 Answers from Attorneys

You are not permitted to file a response to a reply. The steps are demurrer, opposition, reply, hearing. Anything more you have to say must be said in court at the hearing.

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Answered on 3/09/11, 11:13 am
Thomas Libby Law Offices of Thomas L. Libby

What Mr. McCormick said in prior reply is accurate. It may be that your opposing party is suggesting that your opposition to their demurrer is tantamount to an amendment to your complaint or an amended complaint. If so, that renders moot the demurrer process and places a new service of the new complaint requirement upon you. This will be something to clarify with the court and with counsel for the opposition, who may be willing to stipulate to accepting service.

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Answered on 3/09/11, 4:01 pm


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