Time To File Demurrer To Amended Complaint California
2019 California Rules of CourtRule 3.110.
Several changes to the California Rules of Court and California Code of Civil Procedure went into effect on January 1, 2016. The revisions change motion practice in California state courts.Before filing a demurrer, parties in a civil action must now meet and confer at least five (5) days before the responsive pleading is due. Civil Procedure Section 430.41(a). The meet and confer must be done in person or by telephone.The moving party must include a declaration with its demurrer stating the parties met and conferred and were unable to reach an agreement, or the pleading party failed to respond to meet and confer efforts.
Time To File Demurrer To Amended Complaint California
Civil Procedure Section 430.41(a)(3). The last day a party can amend its pleadings is on the due date for the opposition. Civil Procedure Section 472(a).
Plaintiffs can no longer file an amended complaint on the day before the demurrer hearing which would moot the demurrer and waste the moving party's time.The statute will reduce unnecessary pleadings which clog the already-overburdened California court systems. Many demurrers are filed to challenge curable pleadings where the court will grant leave to amend, thus costing clients unnecessary fees, costs and time.