1. Motion To File Demurrer To Evidence

135.630 Grounds of demurrer. Trial court may not consider facts not alleged in complaint when ruling on demurrer. Defendant may file demurrer on grounds.

My Question: If the opposing attorney files a Demurrer and Motion to Strike after the 30 days of being served expires, and I filed an Application for Default Judgment, 1 day after they filed their Demurrer and Motion to Strike,won't the Clerk enter my default judgment? Background to question: Civil Case: I'm representing myself. I filed a first amended complaint after the opposing party's attorney filed a demurrer and a motion to strike on my original complaint. 30 days passed after filing my amended complaint and the opposing party's attorney did not answer. So I filed for a 'Clerk's Judgment' for an 'Application for Judgment for Entry Default' I later found out that the day before I filed my application for Default Judgment, the opposing attorney filed a demurrer and motion to strike, but it was still 30 days AFTER my amended complaint was served on the defendant.

California Civil Code of Procedure 471.5 and 585 states: 471.5. (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected thereby. The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases. For the purposes of this subdivision, 'complaint' includes a cross-complaint, and 'defendant' includes a person against whom a cross-complaint is filed. (b) If the answer is amended, the adverse party has 10 days after service thereof, or such other time as the court may direct, in which to demur to the amended answer.

Most courts would permit the demurrer to go forward, despite the passage of 30 days. The truth is, courts prefer that cases be tried on their merits. (There is case law on that issue.) If the courts were to follow the law precisely, all that the defendant would do is file a motion to set aside the default, which would be granted, based upon the attorney's neglect. So, if you're going to fight the demurrer, fight it on its substance rather than on these procedural grounds. Of course, bring up the issue in your opposition, to preserve it for an appeal, if necessary.

While I agree that it's tough to represent yourself, Mr. Stone's comments are not helpful. Any responsive pleading filed before a default is entered will block a default. If the responsive pleading is filed late, you can move to strike it, but as long as it is on file no default can be entered. The other attorneys are also correct that it is a waste of time to file a motion to strike a responsive pleading just because it was late filed. Even if the court grants the motion the court must grant their follow-up motion for relief from default and give them an opportunity to answer, putting you right back where you are now. Some courts will even sanction you if you try to put everyone through that circular process.

Stone may be a jerk, but he is right. I have been practicing almost a quarter century and I have never once seen a pro per plaintiff win against an attorney for the defendant(s). So if you can't afford an attorney, you must be able to afford to lose the case.

If you have recently initiated a lawsuit, or if you have recently been sued, you are probably wondering: what should I do next? What deadlines am I up against? In any California lawsuit, there are numerous deadlines both parties must meet. Failing to meet these deadlines could result in important penalties for the late party. So, it’s a good idea to properly calendar events at the outset of litigation. This article provides a general overview of the first steps of the process in unlimited civil lawsuits in California.

Calculating a “day” for civil deadlines. For the most part, the days discussed below are calendar days, not business or court days. There are, of course, certain exceptions, particularly when it comes to responding to motions. In those cases, the law will require the number of days to be calculate based on court days, which exclude weekends and holidays from the calculation. When making calendar calculations (for those time limits not based on court days), you generally exclude the first day and include the last day, unless it falls on a weekend or holiday. If the last day to respond falls on a weekend or a holiday, the deadline falls on the next court day.

The Schedule. Lawsuits begin with the filing of a complaint. The complaint must be filed within the applicable statute of limitations, the deadline of which will vary based on the allegations of the lawsuit. After the complaint is filed, there are several deadlines that must be met. Below is a general schedule of some (but not all) common deadlines for parties after an unlimited civil lawsuit is filed.

Importantly, if you are the party that has initiated the lawsuit, you are the plaintiff. If you are the party being sued, you are usually called the defendant. Service of the summons and complaint: Plaintiffs must serve all named defendants and file a proof of service with the court within 60 days of the filing of the complaint.

If the plaintiff fails to serve a party and has not received an extension from the court allowing them more time to serve the defendants, the plaintiff could be ordered by the court to show cause why service hasn’t occurred. A court can also impose sanctions on the plaintiff. These sanctions, however, will usually not include dismissal of the complaint if the delay in serving the summons and complaint is less than two years—there are exceptions, however, for plaintiffs that fail to show any cause. Final thoughts.

Of course, this list of deadlines is not comprehensive. The applicable deadlines will vary from case to case and may depend on what the parties are trying to do. If you’re pursuing or defending a lawsuit, it’s important to discuss your case with an attorney. If you have questions about your California lawsuit, please call Attorneys for Employee Rights at (949) 954-8181 for a free and confidential consultation to determine your legal options. See, e.g.,.

Motion To File Demurrer To Evidence

Proc., § 12a. California Rules of Court, Rule 3.110, subd. Proc., §§,;, 1437 “A delay of less than two years in service of the summons and complaint is not a ground for dismissal under the only provision relied upon by the trial court.”. California Rules of Court, Rule 3.110, subd.

California Rules of Court, Rule 3.110, subd. Proc., § 1005. Proc., § 430.40, subd. California Rules of Court, Rule 3.110, subd. Proc., §§ 412.20,.

Proc., § 1005, subd. California Rules of Court, Rule 3.110, subd. Proc., § 1005, subd.

California Rules of Court, Rule 3.110, subd.