Legal Question in Real Estate Law in California

Re: Breach of Contract

A hearing on a demurrer is not quite the same as a hearing on a motion, but similar. Neither a motion nor a demurrer hearing is anything like a restraining order hearing.

First of all, motion and demurrer hearings are usually (not always) limited to legal argument. Testimony is rarely permitted, and usually no one is under oath. The clients, if present at all, sit in the back of the courtroom and keep quiet.

Some courts issue tentative rulings on motions and demurrers the day before the hearing, or occasionally even earlier. You need to know your court's practice in this regard. If yours is a tentative ruling court, you need to find out what the ruling is and let the court and your opposing counsel know by 4 p.m. whether you accept the ruling or whether you want to argue. Failing to do so may result in your matter being taken off calendar and the tentative ruling becoming final. Not all courts issue tentative rulings, but those that do save attorneys unnecessary trips to court. Tentative rulings are usually available on the court's web site and by phone.

At the hearing, there may be several to many other cases on the calendar, so the courtroom is likely to be filled with people (mostly lawyers, a few pro per folks, and a few clients), most having nothing to do with your case. The clerk (or judge)will call the cases one after another. The moving party will generally argue first, unless the tentative is completely favorable; then the other side can argue in rebuttal. The judge is likely to ask a few questions, especially if the arguments of the attorneys raise interesting points of law or the judge is unclear on the facts. Argument on factual issues is discouraged, especially in a demurrer hearing where the facts in the complaint are taken as true for purposes of ruling on the demurrer.

Most motion and demurrer hearings take less than five minutes and are decided on the spot. Much less often, the judge will take the matter under submission and rule later.

Re: Breach of Contract

The hearing is an opportunity to argue the merits of the demurrer. No testimony will be taken. Once the matter is called it won't take more than 10 minutes.