Legal Question in Personal Injury in California
Hi,
I want to file a response to the demurrer to my complaint in superior court of los angeles. I want to know how i can file it, and if there is a fee? Do i just submit the document in the clerk office with my case number on the response. Hearing on the demurrer is on March 7, 2014, and there is no date available before march 7, 2014 for the motion for leave to amend.how do i submit the response in the clerk office so my request for leave to amend be heard on the March 7, 2014
1 Answer from Attorneys
You can amend your complaint by filing a First Amended Complaint at any time prior to the hearing on the demurrer. You do not need a special motion to do this. If you are going to amend, you just file the First Amended Complaint in the clerk's office.
If you have already amended once, you need to oppose the demurrer. It is called an opposition, not a reply. The "reply" is what the demurring party would file to your opposition. You filed the opposition, on time, in the department where the demurrer is calendared. On time means filed no later than 9 court days prior to the hearing on the demurrer.
There are a lot of rules that govern the format, and I suggest you at least consult with an attorney.