Legal Question in Real Estate Law in California
Civil Unlimited RE: Demurrer Hearing
Hello,
If my demurr is overruled by the court is the court going to serve me with the rule at that momoment and give me some time to file an answer? I assume I have to serve the answer to the Plaintiff's attorney and file with the court? One other question, if the Plaintiff's attorney files an opposition to my Demurr prior to the court date they would have to serve me too, right? How many days prior to the demurrer hearing does the Plainttiff's attorney have to serve me and how many days do I have to reply, and do I have to serve and file the reply with the court also or just reply at the hearing? I served the Demurrer to the Plaintiff's attorney on May 1,2008 and filed a proof of service at the court the same day. The hearing is on June 27 and I have not heard from anyone or been served any papers in response.
Thank you very much for your help
4 Answers from Attorneys
Re: Civil Unlimited RE: Demurrer Hearing
The plaintiff still has about two weeks to file and serve his opposition to your demurrer, and will probably use up most of that time.
If you receive an opposition, I'd recommend filing and serving a reply rather than just going to court to argue, because it gives the judge more time to consider your position and study your cases. It may also help prevent a tentative ruling going against you.
Re: Civil Unlimited RE: Demurrer Hearing
The court may take it under submission and notify the parties by mail, or rule from the bench. In any case the judge will give you time to answer if he overrules yourdemurrer. It is typically 20-30 days.
Re: Civil Unlimited RE: Demurrer Hearing
The court may take it under submission and notify the parties by mail, or rule from the bench. In any case the judge will give you time to answer if he overrules yourdemurrer. It is typically 20-30 days.
Re: Civil Unlimited RE: Demurrer Hearing
The other party has 9 -court- days before the hearing to file and serve you in a manner that you receive the papers by the next day (overnight mail, fax, personal delivery). You then would have 5 court days before the hearing to file a reply, or you could attempt to make your argument directly to the court. Because you're representing yourself, it makes sense to put it in writing, so that you'll have all your thoughts in front of the court.
The Contra Costa County superior court will publish the tentative ruling on its website: http://www.cc-courts.org/index.cfm?fuseaction=Page.viewPage&pageId=2427&parentID=1762 around 1:30 p.m. the day before. You should check the website or call the hotline and then follow the procedures. Otherwise, the tentative ruling becomes the court's order and you won't have a chance to argue.
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