Legal Question in Personal Injury in California

Civil Lawsuit

I got served with a demurrer from the defendants, and am not sure what the time limit is to respond. Please help.


Asked on 11/17/08, 6:12 pm

2 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Civil Lawsuit

I am assuming that the defendants filed a demurrer instead of an answer. You will have to file your objection 5 days before the hearing date. To respond to the demurrer you need to file an Objection to the Demurrer and in it you will have to cite the specific laws, case law and/or legal theories under which the facts of your case entitle you to recover. CA has no preprinted forms for this, so you have to copy the heading of their demurrer with the court name/case name/number and then title your document Objection to Demurrer of Defendant and address each challenge raised in the demurrer with your legal grounds why your complaint is sufficient. You may also amend your complaint (once without leave) to alleviate any of the issues raised by the demurrer.

If you would like further assistance with this, please do not hesitate to contact me.

Yours truly,

Bryan

619.400.4929

Read more
Answered on 11/18/08, 4:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Civil Lawsuit

You filed a lawsuit acting as your own attorney, and now you're finding out it's not exactly a walk in the park, eh?

Go to a law library or law bookstore and ask for Rutter Group Civil Procedure Before Trial.

Read more
Answered on 11/18/08, 4:26 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California