Legal Question in Civil Litigation in California

A complaint with 11 cause of actions was filed against Defendant in pro se. Defendant filed a demurrer as to cause 10 and 11 only in pro se. Defendant did not filed a response to cause of action 1 to 9. Did defendant default on 1 to 9 cause of actions since she did not denied?

If I file default// on 1 to 9, can I still file opposition to demurrer to cause of action 10 and amend 11 only. My demurrer hearing is in 2015. When?


Asked on 7/22/14, 5:05 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The defendant only has to answer the complaint once. She will have to do that after the court rules on the demurrer. You might end up having to revise your complaint after the court has ruled; her due date will be calculated from when you file and serve the amended complaint. Alternatively, if the demurrer fails, the court will order a new due date for her to answer. Unless and until she misses the new due date, she will not be in default.

You can indeed oppose the demurrer as to the tenth and eleventh causes of action. That is what you should do unless you think your opponent is right. If you don't, the court will be much more likely to rule in the defendants' favor.

I find it hard to believe the hearing date will be in 2015 if the demurrer has already been filed. You ask "When?", but there is no way we can answer that. You are almost certainly wrong that it will be next year, though. The date, time, and place should be on the first page of the demurrer. That is where you should look.

Good luck.

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Answered on 7/22/14, 6:29 pm
Anthony Roach Law Office of Anthony A. Roach

A defendant may demur to less than all causes of action in the complaint, and the demur prevents entry of default. The defendant does not have to answer until the court rules on the demurrer.

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Answered on 7/22/14, 8:14 pm


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