Legal Question in Medical Malpractice in California
should I file a response on demurrer?
I got demurrer pleadings from defendant's lawyer where he asks judge to dismiss my case due to running out of statute of limitations. I have the reasons why I didn't file lawsuit within one year. It is long story to tell it here. I just would ask whether I have to file a response on this demurrer stating my reasons or appearing in court for hearing will be enough to explain it orally before judge?
Thank you in advance
2 Answers from Attorneys
Re: should I file a response on demurrer?
It doesn't matter your personal reasons. You file late - your case gets dismissed. The only exception is if you can prove the defendant was unavailable because he was out of the state during the time before the SOL ran. If you can, put that into your Opposition pleadings.
Re: should I file a response on demurrer?
1. You need to file a written opposition.
2. Make sure your opposition has legally sufficient reason to be outside the time limit, not just what you think is a good excuse.
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