Legal Question in Civil Litigation in California

Re: Crc rules

Is this the first demurrer? If so, you can just fix the problems and file a first amended complaint. It's much easier than fighting the demurrer. The hearing on the demurrer would then be vacated. The defendant would then have 30 days to file another demurrer, answer, or other responsive pleading after service of the first amended complaint (plus 5 days for service by mail).

If it's the second demurrer, you'll need to file an opposition.

It appears your first step litigating in pro per is being challenged. You should be prepared for this throughout the litigation. If you're in pro per, you are sure to run into difficult times. You can't be sure you are adequately asserting your rights or claims, or complying with filing and other deadlines.

Feel free to email and further questions.

Re: Crc rules

No. You have to obey the rules. The judge may excuse some minor deviations, but not wholesale disregard of the legal requirements.

"Local rules" are those set by particular courts. The California Rules of Court apply statewide and are thus not "local". Until several years ago, it was commonplace for courts (or even individual judges) to craft their own formatting rules which differed from -- or even contradicted -- the Rules of Court. The Rule you cite was enacted to put a stop to this practice.

If the authors of the Rules of Court had wanted to nullify any of the Rules, they would simply have revoked those rules. Adding a rule that says litigants can disregard other rules still on the books would be needlessly confusing and would make no sense.

Re: Crc rules

Neatness counts.

If you decide to draft an amended complaint yourself, and please be honest with yourself about the extent of your abilities, you must strictly comply with the format requirements if you want your complaint to be taken seriously.