Legal Question in Legal Ethics in California

my demurrer was overruled because I didn't appear at the hearing. I didn't appear at the hearing because the order I was served with had a diiferent date on them. the order filed with court had correct date but the one given to me had different date. I believe the mistake was done on purpose. What can I do?

Asked on 4/08/13, 8:15 pm

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Your question makes no sense. The person who files a demurrer is not served with any order with any date. Depending on the court you either obtain a reservation for a hearing date and then YOU put that on your notice of demurrer and hearing, or you just pick a date that is at least the statutory minimum number of days after you file the demurrer and, again, YOU put the hearing date into the notice. Either way, you are not served with a date, YOU serve the date. In any case, if your demurrer was overruled you must now file an answer to the complaint.

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Answered on 4/08/13, 9:58 pm

Charles Perry Law Offices of Charles R. Perry

I agree with Mr. McCormick. Your question is unclear.

If your demurrer was overruled, then you must now file an answer to the complaint within the time limits set either by law or by the order on the demurrer.

You have now had a lesson in why you should have an attorney. Litigation is not easy, and you can lose simply by not understanding the documents involved and not following the rules. You are at risk for a result that is far worse than what you would have if you had a competent attorney representing you.

I understand the argument that you might not have money. Bear in mind that you may end up with a judgment against you that will be for far more than the amount you would have paid the attorney.

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Answered on 4/09/13, 1:42 am
Anthony Roach Law Office of Anthony A. Roach

Courts don't overrule demurrers because the demurring party did not show up at the hearing. Courts overrule demurrers because they are not well taken. Quit coming up with lame conspiracy theories and get a lawyer to help you.

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Answered on 4/09/13, 12:23 pm

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