Legal Question in Civil Litigation in California

With regards to responding to a demurrer, I have heard varied responses from well versed attorneys.

eg (1) File and mail an objection to the demurrer ???

(2) File and mail an opposition to the demurrer, no objection to demurrer ???

(3) Opposition to demurrer during hearing is the only choice ???

Is there a statutory guide line to responding to a demurrer as there is for a motion in California ?

Asked on 8/31/11, 2:44 pm

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Oppositions to demurrers are due the same as oppositions to motions - 9 court days before the hearing.

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Answered on 8/31/11, 2:50 pm
Joel Westbrook Miles & Westbrook

You oppose a demurrer the same way you oppose a motion, which is to timely file and serve an opposition, and then appear at the hearing to argue your case. Make sure you check the local court rules about tentative rulings. If you go to your local law library, they should have manuals such as the California Practice Guide where you can get more detail about how to oppose a demurrer.

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Answered on 8/31/11, 3:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

A demurrer is a type of motion. The usual way to respond is by filing a timely written opposition and appearing at the hearing. If this is a demurrer to the original complaint, you probably also have the option of filing an amended complaint.

If at all possible, you should consult with an attorney about the specifics of your case. Better yet, hire one to represent you. But be careful whom you select: the "well versed attorneys" who gave you the first and third options you listed don't know what they're talking about.

Good luck.

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Answered on 8/31/11, 3:03 pm
Timothy McCormick Haapala, Thompson & Abern, LLP

You have gotten different answers because you have asked your question in several different ways with different bits of information every time. The person who told you that you can only oppose the demurrer in court was responding to the question in which you mentioned that you have been sitting on this until the day before the hearing. There is no way to get a written opposition considered the day before the hearing. So you have to present your case in open court. Of course in most courts you had a tentative ruling posted earlier today, and if you did not notify the court and opposing counsel that you intended to appear, the tentative ruling became the order of the court and the hearing was taken off calendar. As for "opposing" the demurrer versus "objecting," that is a distinction without a difference. Technically you could object to a demurrer by demurring to the demurrer, but that is a legal fantasy. No attorney would bother to file a demurrer that was subject to demurrer on its face. So realistically, opposing or objecting to a demurrer is the same thing. You have to fight it on its merits, just like any other motion, regardless of whether you call that objecting or opposing. The bottom line on all this, however, is that all the questions you have asked demonstrate beyond any doubt that you have no clue what you are doing and you are going to get stomped in court unless you stop trying to do this yourself and find a lawyer to represent you.

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Answered on 8/31/11, 10:55 pm

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