What is an opposition to demurrer?
To oppose a defendant’s demurrer, you can draft your own legal motion, called an “opposition to the defendant’s demurrer.” This is a legal document that you file with the court. In the document, you will argue that your complaint was not defective.
What is a notice of demurrer?
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means “to object”; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying “So what?” to the pleading.
Does an opposition to demurrer require a declaration?
Regardless of its meet-and-confer efforts, the demurring party must file a declaration with its demurrer saying that it met and conferred and was unable to resolve all of its objections or that the non-demurring party failed to meet and confer with it.
How long do you have to oppose a demurrer in California?
9 court days
Opposition to a Demurrer: If a demurrer is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. 44.
What does demurrer mean in law?
A defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a valid cause of action.
Do I have to respond to a demurrer?
(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.
When can a demurrer be filed?
within 30 days
Demurrers must be filed within 30 days of service of Complaint (extensions do not extend time to demurrer) CCP § 430.40.
How many days do you have to respond to a demurrer?
Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.
What happens after a demurrer is sustained?
227-228): “Under section 581, subdivision 3, of the Code of Civil Procedure an action may be dismissed ‘when, after a demurrer to the complaint has been sustained, the plaintiff fails to amend it within the time allowed by the court, and the defendant moves for such dismissal.
Can you file a demurrer after 30 days?
Demurrers must be filed within 30 days of service of Complaint (extensions do not extend time to demurrer) CCP § 430.40. This is a technical giving the judge discretion.
Can you file a demurrer and cross-complaint at the same time?
Filing cross-complaints with an answer will create an error in the system and your documents may be rejected. Instead, you’ll place two separate transactions, first one for the cross-complaint and then one for the answer.