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Ray, Lawyer
Category: Legal
Satisfied Customers: 42863
Experience:  30 years in civil, probate, real estate, elder law
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A demurrer and motion to strike were filed against my answer

Customer Question

A demurrer and motion to strike were filed against my answer to complaint in Los Angeles The date is set for Dec 14
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: Not since the demurrer
JA: Anything else you want the lawyer to know before I connect you?
Customer: I filed a cross complaint with my answer. the attorney's demurrer didnt have the 5 day advance notice before filing.
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 10 months ago.

You would raise that issue in a response to motion to strike and demurer and argue that the pleading failed to comply with the rules of procedure.Thats a valid response and the court may well agree and deny the motion to strike here.You would hand draft the response and want to get it on file quick as you can so the court can consider the points.

Expert:  Ray replied 10 months ago.

Pursuant to Code of Civil Procedure Section 430.41, before a demurrer is filed, the demurring party must meet and confer with the pleader over the objections the demurring party may have regarding the pleading. During the meet and confer process, the parties are to determine whether an agreement can be reached that would resolve the issues raised by the demurring party.

Section 430.41 specifies the form and timing of the meet and confer process. Based on the meet and confer requirements imposed on the parties, it is clear that the Legislature and the courts are attempting to restrict the number of demurrers that are being filed in California.

Expert:  Ray replied 10 months ago.

Here if the parties are not able to meet and confer at least five days prior to the deadline to file a responsive pleading, the demurring party shall be granted an automatic 30-day extension of time to file a responsive pleading if the demurring party files a declaration stating, under penalty of perjury, a good faith effort was made to meet and confer and the reasons why the parties could not meet and confer. The 30-day extension begins from the date the responsive pleading was due; not the date the declaration is submitted. Any additional extensions must be obtained from the court.

You may be due additional time to file your response here and see if you can raise the issue fo failure to conform with the rule requirements as you state.

I appreciate the chance to help you today.I wish you the best here.Thanks again.

Customer: replied 10 months ago.
Thanks. A few more questions.
(1) What is the process for changing the date for the demurrer? I am actually not available on that date.
Expert:  Ray replied 10 months ago.

Motion for continuance--cite good cause reason here , illness, work ,etc in the motion.

Expert:  Ray replied 10 months ago.

Motion for continuance self and forms