Legal Question in Civil Litigation in California

Re: Case Management Response

A demurrer is not an "answer." It is a responsive pleading. I don't think the court would hold it against you if you don't file the case management statement before you appear in the case. Perhaps you could file both at the same time when the demurrer is due, explaining in the case management statement that it's being filed late upon your appearance. If it's unlimited case, you might be wise to seek legal advice since there's more than $25,000 at stake. Good luck!

Re: Case Management Response

No. Generally speaking, you are not obligated to file a CMC Statement if you have not appeared in the case. You cannot be compelled to file a CMC Statement if your responsive pleading deadline (to the Complaint) has not arrived.

Keep in mind that filing a CMC Statement (without having filed an Answer or Demurrer or other responsive pleading) would likely be construed as a first appearance.

A demurrer is a responsive pleading, and it is not an "answer". The two documents are very different.

SOLUTION: File your CMC Statement along with the Demurrer, and you will likely avoid any issue.

Good luck. And you should certainly consider getting an attorney on board.

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