Legal Question in Real Estate Law in California

Re: Civil Unlimited Breach of Contract

There are three things that can happen as a demurrer hearing. The court can overrule the demurrer, or it can sustain the demurrer with, or without, leave to amend. If the demurrer is overruled, you will be given time to answer in the order, and the clock on that time may begin when you are served with notice of the ruling or, if you waive notice in court, it begins at once.

You should also know that once the demurrer is filed and served, the plaintiff can file and serve an opposition, and the demurring party can then file and serve reply papers.

Composing and opposing demurrers is very technical business, and real legal quicksand for an in pro. per. being opposed by skilled attorneys.

Re: Civil Unlimited Breach of Contract

I think this is the same question as one I answered earlier, in a different form. You don't need to have an answer at the hearing on the demurrer.

Re: Civil Unlimited Breach of Contract

Robin, if the court overrules your demurrer, it will set a date by which you have to file an answer -- usually 10 to 20 days. Depending on how the demurrer is written (and whether the contract is attached to the complaint or the demurrer), the court might have good grounds to sustain the demurrer without leave to amend. Courts will generally give the plaintiff leave to amend unless, from the facts, the court decides that it's impossible to do so.

I'm not sure what you mean by the civil harrassment "request". Generally, you cannot file a civil harrassment claim merely because someone is suing you. After you prevail in the lawsuit, you then could sue for "abuse of process" and/or "malicious prosecution" if the facts support such claims. Good luck!