Legal Question in Civil Litigation in California

Re: Hearing on Demurrer

It appears that there is another person being sued in addition to you. That person's lawyer has filed a "demurrer", which is a legal document that challenges the legal sufficiency of the complaint. Basically, the lawyer has written a document that says, "OK, you filed the complaint, but it doesn't amount to a hill of beans, legally, and judge, you should dismiss the case because there's nothing there." What usually happens is, on the hearing date, the judge either overrules the demurrer and says the complaint is OK, or the judge gives the plaintiff -- the party apparently suing you and the other defendant -- some time to amend the complaint, typically 10 or 20 days. The plaintiff then will have to serve the new (amended) complaint on you and the other defendant. Then you will have time to answer or respond to the complaint. I hope that helps.

Regarding the case management statement, it appears that a case management conference is scheduled for some time in mid-April. If you haven't yet been served, you might not need to show up. The judge wants to know what is going on with the case, why parties have not been served, and whether mediation or arbitration is appropriate.

Re: Hearing on Demurrer

Thank you for your posting.

It appears as though you are copying a list of documents filed in a case. Did you have a question as to what the documents mean?

If you have not yet been served, I'm not sure if you need to worry completely about the other documents. If and when you are served, your attorney may want to file documents challenging the complaint, as these other attorneys have done for their clients.

I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.