Legal Question in Real Estate Law in California
I filed a demurrer and a motion to strike affirmative defenses in an answer containing general denial and 66 boilerplate affirmative defenses. Can they file an amended answer prior to hearing demurrer and motion to strike?
Asked on 4/18/14, 12:49 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
I'm curious why you thought you could succeed in striking their defenses ?
They CAN file an amended Answer. Whether it would be accepted by the court is a different question, but I would assume so, thus making your motion moot anyway.
Answered on 4/18/14, 1:38 pm
Anthony Roach
Law Office of Anthony A. Roach
Yes they can file an amended answer and it renders your demurrer and motion to strike the original answer moot.
Answered on 4/18/14, 2:05 pm
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