Legal Question in Civil Litigation in California

Re: responding to a hearing date

If you knew "what to say", the defendant would not have filed a demurrer! You need to hire an attorney.

Re: responding to a hearing date

This is not form practice. Strict dates apply regarding an opposition to the motion. I could do it for you on my hourly rate. Contact me directly.

Re: responding to a hearing date

Yes, what you need is an attorney that knows what to say and how to say it. If it had been 'said right' there wouldn't be a demurrer. Feel free to contact me to discuss the issues and costs of doing this if serious about getting the help you need.

Re: responding to a hearing date

Without seeing the other sides pleadings, no one can tell you whether you are in trouble or not. Some attorneys take a win at all cost approach and will demurrer to almost anything. The granting of attorney fees normally only occurs if the suit clearly has no merit and the party filing is a bit arrogant. There are various form books in any legal library [Ca. Forms of Pleading and Practice],that wil make you feel a little more comfortable with what you file. There are technical requirements you must meet, including objecting timely to such ruling. Since you feel the case has more than a $7,500 value [or you would be in Small Claims Court], you should be willing to spend a few hundred dollars to see what a dispassionate, objecive attorney thinks. If you have enough time, you could get someone to review the documents involved and give you a decent, but somewhat bare-bones opinion after an hour or two.

In any case, good luck.

Re: responding to a hearing date

A demurrer is a legal pleading that basically states that your complaint should be dismissed because, on the face of it, it doesn't state a cause of action, or you are the wrong party suing, or something like that.

Many times, attorneys use this as a tactic to get rid of the action early in the game. If you don't restructure your complaint correctly, it will be thrown out. You may or may not be given leave to amend.

The other responses are correct. You need to hire an attorney to help you with the demurrer at the very least. Hire an attorney at his hourly rate for the special purpose of opposing the demurrer and drafting the complain so that it is above reproach so that if the other attorney files another demurrer (highly likely), at least then all you need to do is oppose it and be successful in the outcome.

And then again, there's a chance that the demurrer doesn't hold water. Again, have an attorney review your complaint and the demurrer to determine if the demurrer is valid. You could possibly redraft the complaint and file again without responding to the demurrer, if this is the first time you are going to amend.

This is a bit of a tricky area.