Legal Question in Consumer Law in California

Opposition to Motion to Strike not served by next day
I filed a demurrer and plaintiff filed an opposition to my motion, yet though plaintiff filed on the last day to do so, it did not serve on me this filing by close of the next day as is required by law; plaintiff sent via regular mail, so with Memorial Day weekend taking an additional court day I was left with insufficient time to research and draw up a reply, and to reply and file five days prior to hearing date. I figured, ''oh well, I'll have to make my reply case at the hearing in front of judge and bring up this issue there too.''

Now I'm thinking I should file anyway and make the case in my reply filing that plaintiff's opposition was served inappropriately, which resulted n insufficient time to file a reply, and to ask the Court to dismiss plaintiff's opposition or accept my reply if plaintiff's opposition is accepted.

Does plaintiff opposition to my demurrer have weight after not served in accordance with the law, and effectively creating insufficient time for me to reply?
Can it be rejected by the court because it was mis-served?
Is my filing now a good idea?

Thanks.

Asked on 5/29/08, 3:03 pm

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Opposition to Motion to Strike not served by next day

File a late reply (if necessary) and tell the court -- by declaration -- why, and attach a copy of the envelope the opposition was mailed in.

Answered on 5/29/08, 3:10 pm

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