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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Opposition to Demurrer

 Superior Court of California

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 Riverside

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 Timing

9 Court Days Before the Hearing

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...

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. more...

 Rules and Requirements

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...

.

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...

.

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...

 Opposition Papers

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 and papers other than demurrers, California Rule of Court 2.111(4) now governs. more...

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

Memorandum of Points and Authorities

Content

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

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed fifteen (15) pages, more...

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

A memorandum that exceeds fifteen (15) pages shall 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. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph 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

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

 Evidence

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

Judicial Notice

Riverside County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

 Additional Documents

Proposed Order

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

Proposed orders may be filed and submitted electronically as provided in . . more...

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

 FILING AND SERVICE

Filing

Time

Opposition papers must be filed no later than 9 court days before the hearing date. . more...

Method

Riverside County SmartRules procedural guide: FILING DOCUMENTS. more...

No Fee

There is no fee for filing opposition papers. more...

Service

Service

Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is more...

 Hearing and Disposition

Hearing Mandatory Unless Continued

When a hearing date has been set, it must be utilized unless timely continued or taken off calendar. 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...

Continuance of Hearing Date

A party seeking to continue a law and motion hearing, must submit either a written stipulation signed by more...

Tentative Rulings

Availability of Tentative Ruling

Civil Departments may issue tentative rulings. The rulings will be available at: . . Former Riverside Local Rule 2.0016(A). more...

Requirement of Notice of Intent to Appear

The tentative ruling shall become the ruling of the Court unless, by 4:00 p.m. on the court day more...

Requirement of Notice to Opposing Party

All noticed motions and demurrers in departments that issue tentative rulings shall include the following information in the notice: more...

The Court will make a tentative ruling on the merits of this matter by 3:00 p.m. on the more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Riverside County SmartRules procedural guide: REQUEST FOR TELEPHONIC APPEARANCE. more...

Ruling and Order

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

 Ruling on Demurrer and Amendment of Pleadings

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

Defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action more...

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

(2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or more...

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

 

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior