Demurrer

 

 Superior Court of California
 Los Angeles County

 

To Complaint or Cross-Complaint-Thirty (30) Days

A demurrer to a complaint or cross-complaint must be filed within thirty (30) days of service of the more...   

To Answer-Ten (10) Days

A demurrer to an answer must be filed within ten (10) days of service of the answer. more...

After Partial Demurrer-Ten (10) Days

Where an unsuccessful demurrer challenged only certain causes of action, or the complaint was amended, or the time more...

Extension

The parties may stipulate without leave of court to one (1) extension of up to fifteen (15) days more...

Demurrer Treated As Motion

Although the demurrer was originally classified as a pleading, in contemporary practice it is treated as a motion. more...

Hearing Date Not More Than Thirty-Five (35) Days After Filing

A demurrer must be set for hearing "not more than thirty-five (35) days" following the filing of the more...

Service of Motion Papers

Personal Service 16 Days Before Hearing

If papers are served by personal service, service must be made at least 16 court days before the more...

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least 16 courts days before the hearing, more...

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Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements more...

Extension for Electronic Service--2 Court Days

If a document is served electronically, any period of notice, or any right or duty to act or more...

Calculating the Deadline

The time in which any act provided by law is to be done is computed by excluding the more...

If the last day for the performance of any act provided or required by law to be performed more...

If any city, county, state, or public office, other than a branch office, is closed for the whole more...

Order Shortening Time

The court, on its own motion or on application for an order shortening time supported by a declaration more...

Local Rule Regarding Extension for Electronic Service

If service is made electronically, service is deemed complete at the time of transmission, but any period of more...

Scheduling the Hearing

Some judges require reservation of hearing dates. Reservations may be made by contacting the courtroom of the judge who will hear the motion. more...

Demurrer Against Complaint or Cross-Complaint

Demurrer and Answer

A defendant may both demur to and answer a complaint. .A demurrer to one or more causes of action in a complaint may be filed without answering the more...

Attacks Face of The Pleading

The grounds for a demurrer must appear on the face of the pleading, including exhibits, to which the more...

Grounds

The possible grounds for demurrer are: more...

(a) the court lacks subject matter jurisdiction; more...

(b) lack of capacity to sue by the party filing the pleading; more...

(c) non-joinder or mis-joinder of parties; more...

(d) the existence of another action between the same parties for the same cause of action; more...

(e) plaintiff's failure to state facts sufficient to constitute a cause of action; more...

(f) uncertainty; more...

(g) failure to allege whether the contract sued upon is written, oral or implied by conduct; more...

(h) failure to attach the attorney's certificate required in certain malpractice actions. more...

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Demurrer May Be Based On Defense Disclosed in Complaint

Caselaw authority holds that a general demurrer may lie where plaintiff has included allegations that clearly disclose some defense more...

Demurrer Against Answer

There are three grounds on which to base a demurrer to an answer: more...

(a) failure to state facts sufficient to constitute a defense; more...

(b) uncertainty; and more...

(c) failure to state whether contract alleged in the answer is written or oral. more...

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Special Formatting Requirements

Grounds Distinctly and Separately Stated

Every ground of a demurrer must be in a separate paragraph and specify exactly to what part or more...

Judicial Notice

Where a demurrer is based on a matter of which the court may take judicial notice, such matter more...

Demurrers in Limited Civil Cases

Only general demurrers are allowed in limited civil cases. The grounds for special demurrer, if applicable, must be raised as affirmative defenses in the answer. more...

Local Rule--Demurrer and Preliminary Injunction

Demurrers to a complaint or cross-complaint which are filed before the hearing of the OSC or motion for more...

Meet and Confer Required

Counsel should attempt to resolve any motion informally. . more...

Caption

California Rule of Court 312(h) was deleted effective 1/1/07. It provided that motions or demurrers may have short captions that simply identify the first party on each more...

It appears that with motions other than demurrers, California Rule of Court 2.111(4) now governs.This rule provides that on any pleading or paper subsequent to the initial complaint or cross-complaint, more...

No change, other than a renumbering, was made to the California Rule of Court addressing the other elements more...

Caption of Demurrer Directed to Cross-Complaint

Below the title of the court, in the space to the left of the center of the page, more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

Demurrer Based on Judicially Noticeable Matter

Where a demurrer is based on a matter of which the court may take judicial notice, such matter more...

Notice of Hearing on Demurrer

Every demurrer must include a written notice of hearing on the demurrer. . A party filing a demurrer must serve and file therewith a notice of hearing that must specify a more...

Motion

Motion papers must include "the motion itself." . A motion must identify the moving party and the party to whom it is addressed, describe the basis more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...

Content

The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...

A memorandum that exceeds ten (10) pages must include a table of contents and table of authorities. more...

A memorandum that exceeds fifteen (15) pages must also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . Authority from outside California must be lodged with the papers that cite the authority and attached as an more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

Los Angeles County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

The ground(s) for a demurrer must appear on the face of the pleading (including exhibits) to which the more...

Judicial Notice

Los Angeles County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Filing

Time

In the Central District, all fee documents are to be filed at the filing window no later than more...

Electronic Filing May Be Required

Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for more...

Local Rules Regarding E-Filing

Electronic Filing--Not Available At All Locations

Consult the filing clerk for the applicable court location to learn if electronic filing is available at that more...

Filing Fee

The Los Angeles County fee schedule is online at . more...

Proof of Service

Proof of service of moving papers must be filed no later than five (5) court days before the more...

Service

On Attorney of Represented Party

Whenever a document is required to be served on a party, the service must be made on the more...

Electronic Service

When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electronic service of more...

Time of Electronic Service

Electronic service is complete at the time of transmission. Service that occurs after the close of business is deemed to have occurred on the next court day. more...

Consent to Electronic Service Provider

A party that has consented to electronic service under (2) and has used an electronic filing service provider more...

Maintenance of Electronic Service Lists

By January 1, 2009, or before if possible, a court that permits electronic filing in a case must more...

Service by the Parties

Notwithstanding (b), parties are responsible for electronic service on all other parties in the case. A party may more...

Change of Electronic Notification Address

260(d) has detailed requirements regarding attorney responsibilities with respect to changes in electronic addresses.. more...

Local Rule Regarding Electronic Service

Electronic service is permitted on agreement of the party to be served. Electronic service must be made eighteen (18) court days before the hearing date. more...

May Not Cause Disadvantage

Papers may not be served to take advantage of an opponent's known absence or at a time or more...

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Failure to Appear at Hearing

If one party to a demurrer fails to appear, the demurrer must be disposed of on the merits, more...

Tentative Rulings

Some departments post tentative rulings. These can be accessed online at: . more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered eff 1/1/08). Los Angeles County SmartRules procedural guide: more...

Ruling and Order

Los Angeles County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

Grounds For Ruling

If the demurrer is sustained, the judge must specify the grounds upon which the ruling is based which more...

Terms of Amendment

In granting leave to amend the complaint, the court may impose "any terms as may be just." more...

Partial Demurrer

Where an unsuccessful demurrer challenged only certain causes of action, or the complaint was amended, or the time more...

Time To Answer or Amend

The time to answer or amend runs from the date of service of notice of the court's ruling, more...

Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is more...

Failure To Amend

Where a party fails to file an amended pleading as ordered by the court, a motion to dismiss more...

Motion to Strike Late Filed Amended Pleading

If an amended pleading is filed after the time allowed, an order striking the amended pleading must be more...

Motion To Strike, Demurrer or Other Pleading After Demurrer

Unless otherwise ordered, defendant has 10 days to move to strike, demur, or otherwise plead to the complaint more...

(1) The overruling of the demurrer; more...

(2) The amendment of the complaint or the expiration of the time to amend if the demurrer was more...

(3) The sustaining of the demurrer if the demurrer was sustained without leave to amend. . more...

 

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