Legal Question in Personal Injury in California
Hi,
I need help with moving my case. Demurrer to two causes of action is sustained without leave but other demurrer to other causes of action wasn't sustained. What happens after demurrer is issued? What can be done next? I want to schedule a motion for summary judgement based on undisputed facts.
2 Answers from Attorneys
The party that demurred to the complaint must file an answer to the causes of action to which the demurrer was overruled. The answer must be filed within 10 days, unless ordered otherwise by the court. The time to answer runs from the date of notice of the court's ruling, unless waived by the parties in open court and entered into the clerk's minutes.
In order to move the case forward you would typically want to start taking "discovery": serve written questions on the other side, demand to produce documents, request admissions, take depositions.
Summary judgment may be appropriate. However, if there are any disputes as to material facts in the case it is likely that such a motion would be denied. A summary judgment motion is typically the most involved, time-consuming pre-trial motion in litigation. Sure, it can end the case if successful. However, they are rarely successful.
Let me know if you would like to discuss your case.
Caleb
J. Caleb Donner
DONNER & DONNER
LEGAL WARRRIORS�
910 Hampshire Road, Suite R
Westlake Village, CA 91361
Tel: 805-494-6557
Fax: 805-409-8677
email: [email protected]
website: www.legalwarriors.com
DISCLAIMER
This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.