Legal Question in Civil Litigation in California

My husbands ex girlfriend from 7 years ago has filed a lawsuit against him ... We have answered the complaint but she has now responded with a demurrer. The judge set a hearing then vacated the hearing she then refiled another demurrer . How does one fight this


Asked on 5/06/14, 9:42 am

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

You must oppose the new demurrer. I realize that this may be extremely frustrating, but that is what you must do. There is nothing to stop a party from filing papers he or she deems appropriate.

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Answered on 5/06/14, 10:13 am
Anthony Roach Law Office of Anthony A. Roach

A demurrer to an answer is rarely used. The whole issue with a demurrer to an answer is whether or not the answer states a defense. When an attorney reviews a demurrer, the attorney determines whether or not it has merit. If the demurrer has merit, the attorney will file an amended pleading, in this case an answer. If the demurrer has no merit, then the attorney files an opposition to the demurrer, pointing out that it lacks merit and the reasons why.

You may want to get some consultation with an attorney, or even some coaching, because her entire lawsuit against your husband may be defective.

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Answered on 5/06/14, 10:21 am
Robert F. Cohen Law Office of Robert F. Cohen

Other than, perhaps, child support, the lawsuit might be barred by the statutes of limitations. If you amend the answer, make sure that is one of your affirmative defenses. I agree with my colleagues' responses that litigation isn't easy for laypersons, and legal help might be a good idea, if even occasionally.

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Answered on 5/06/14, 12:52 pm


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