Legal Question in Business Law in California

Demurrer

1) How long do I have to respond to a demurrer? I have sued someone in superior court. They have filed a demurrer to the action and set a hearing on the demurrer for April 20, 2007. The demurrer itself is dated February 7, 2007, however there is no filing date on the copy given to me. How long do I have to file a response to the demurrer?

2) What is the statute of limitations for ''General Negligence''?

3) What is the statute of limitations for ''Negligent Infliction of Emotional Distress''?

4) What is the statute of limitations for ''Undue Influence''?

Asked on 3/01/07, 10:10 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
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Re: Demurrer

You have to file the opposition to the demurrer at least 9 COURT DAYS before the hearing so, if I'm counting right, by April 9.

Take a look at Code of Civil Procedure sec. 335.1: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." Other statutes in that range deal with other kinds of claims. You might want to have a lawyer examine your complaint and the demurrer, as the viability of your case might turn on complicated legal issues.

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3/01/07, 10:58 pm
Joel Selik www.SelikLaw.com
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Re: Demurrer

You have 16 Court days, see CCP 1005.

Limitation periods depend on more facts, it may be 1 year, 2 years.

Joel

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3/02/07, 9:32 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES
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Re: Demurrer

You doing this without representation? Why?

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3/02/07, 1:53 pm

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