What Happens After A Demurrer Is Overruled: Next Steps In Your Case

Okay, let’s break down the process of filing an answer after a demurrer is overruled in California.

In California, once a demurrer is overruled, you generally have 10 days to file an answer or amend your complaint. However, there are some exceptions. If the case involves forcible entry, forcible detainer, or unlawful detainer, the deadline is shortened to 5 calendar days.

Think of it like this:

Demurrer Overruled? You’ve got a bit of time to adjust your legal strategy.
Forcible Entry, Forcible Detainer, or Unlawful Detainer? The clock is ticking a little faster.

This “deemed granted” time period means the court automatically gives you the time to file your answer. However, it’s always a good idea to check the specific court order and any local rules. These might have additional details or requirements.

Remember, filing an answer means you’re formally responding to the allegations made against you in the complaint. You’ll either admit or deny those allegations and present your own legal arguments. Failing to file an answer within the allotted timeframe can have serious consequences, so it’s important to stay on top of these deadlines.

Now, let’s get a little more specific about why you might have a longer time frame for most cases. In the context of a demurrer, the defendant (the person being sued) has argued that the complaint is legally deficient. The judge overrules the demurrer, meaning they agree that the complaint is sound enough to proceed. This is a major turning point. The defendant needs time to figure out how to respond to the allegations, and the 10-day window allows them to do just that.

Think of it as a chance to regroup, gather your thoughts, and prepare your defense. It’s not a free pass to ignore the lawsuit; it’s an opportunity to make sure your response is well-informed and strategically sound.

Okay, so you’re asking what happens after a demurrer is sustained in California. Let me break it down for you.

If the court believes your complaint doesn’t state a cause of action and can’t be fixed, it will sustain the demurrer without leave to amend, and the case will be dismissed.

This means the judge has ruled that your lawsuit is legally flawed and can’t be salvaged. Think of it like a game of “legal limbo.” Your lawsuit just went too low!

The court’s decision is called an order, and by law, it can’t be appealed.

Here’s what this means for you:

You can’t file another lawsuit based on the same legal claims. The dismissal is final, and you’ll have to come up with a new legal argument.
You’ll need to pay the other side’s legal fees. The losing party often has to pay the winner’s attorney’s fees.
You might still have other legal options. This isn’t always the end of the line. You might be able to file a motion to reconsider the court’s decision, or you could consider a different type of lawsuit with different legal arguments.

It’s important to remember that every case is unique, and the best course of action will depend on the specific details of your situation.

If you’re facing this situation, it’s crucial to consult with an attorney to discuss your options and determine the best strategy going forward. They’ll be able to guide you through the process and help you understand your rights.

In California, a demurrer is a legal motion used to challenge the legal sufficiency of a pleading, such as a complaint or an answer. A demurrer argues that even if all the facts in the pleading are true, they don’t state a valid legal claim or defense. It’s like saying, “Even if everything you say is true, it doesn’t actually mean you can sue me or that my defense doesn’t hold up.”

Think of a demurrer as a legal “speed bump” in a lawsuit. It’s designed to stop the case in its tracks if the pleading is fundamentally flawed. If the demurrer is successful, the case can be dismissed or the pleading can be amended.

Now, let’s talk about the page limit for memoranda in support of a demurrer. In California, the general rule is that memoranda (written arguments) can’t exceed 15 pages, except in summary judgment or summary adjudication motions. This rule helps keep things concise and manageable for both the court and the opposing party. It makes sure arguments are focused and to the point.

But there’s an important exception: the 15-page limit doesn’t apply to the actual demurrer itself. A demurrer is a separate document that outlines the legal grounds for challenging the pleading. It’s not subject to the 15-page limit.

So, while your memorandum in support of the demurrer has a page limit, the demurrer itself is free to be as long as necessary to present its arguments clearly and fully.

In California, a motion for judgment on the pleadings and a general demurrer are similar legal tools used to challenge the sufficiency of a pleading. Both these motions essentially claim that the opposing party’s pleading, either a complaint or an answer, fails to state a valid cause of action or a valid defense.

The primary difference between a motion for judgment on the pleadings and a general demurrer lies in the timing. A general demurrer can be filed at any time before the answer to a complaint is filed. On the other hand, a motion for judgment on the pleadings can be filed only after the answer to a complaint has been filed. This means that in the context of a complaint, a general demurrer can be used to challenge the pleading at an earlier stage, while a motion for judgment on the pleadings is only available once the defendant has responded to the complaint.

Another crucial aspect of both motions is that they can only address defects that appear on the face of the pleading or those that can be judicially noticed. This means that the court can only consider information presented within the pleading itself, as well as facts that are considered common knowledge and do not require further evidence.

Here’s an analogy to understand the timing differences better:

Imagine a sporting competition. A general demurrer is like a red card shown to a player before the match starts. It allows the referee to stop the match if the player’s behavior is deemed unacceptable. A motion for judgment on the pleadings, on the other hand, is like a red card shown during the match. It can be used to dismiss the player only after the game has begun, and only if their behavior is deemed unacceptable during the match itself.

So, while both general demurrer and motion for judgment on the pleadings are powerful tools used to challenge the adequacy of pleadings, they differ primarily in their timing. Choosing the correct tool depends on the specific circumstances of the case and the stage of the litigation process.

Okay, so you’re wondering how long you have to respond to an answer in a California lawsuit, right? In California, you usually have 30 days after you’re served with the answer to file your response with the court. This includes weekends and holidays. If the deadline falls on a day the court is closed, you have until the next day the court is open.

Let’s break this down a bit. You get served with the answer, and that’s your starting point. It doesn’t matter what day you receive it. The clock starts ticking when you’re served. Once you’re served, you need to file your response with the court within 30 days. Now, the 30 days count every day, including Saturdays, Sundays, and holidays. You might think, “Oh, it’s a weekend, I have more time.” Nope! The 30 days are continuous, even if the court is closed. But, there’s a little wiggle room. If the 30th day falls on a day when the court is closed, like a holiday or weekend, you have until the next day the court is open to file your response. So, if the 30th day is a Saturday, you have until Monday to file.

Keep in mind, this is just a general rule. There might be specific circumstances where the time limit for filing your response is different. For example, if you’re dealing with a complex case or if you need an extension for any reason, you’ll need to talk to an attorney. They can help you navigate the specific details of your case and make sure you don’t miss any deadlines.

In California, filing a demurrer or motion to strike won’t automatically halt discovery. The legal system encourages the exploration of facts while legal arguments are being sorted out. This means that even if you’ve filed a demurrer, the other side can still ask questions and request documents.

Think of it like this: The legal process is like a game of chess. The pleadings are the opening moves, laying out the basic arguments. Discovery is the middle game, where each side gathers information to strengthen their position. And the trial is the endgame, where the winner is declared. You can’t win the game without understanding the pieces and the board.

Discovery is essential for understanding the facts of the case. It allows both sides to prepare for trial and to potentially settle the case without going to court. While a demurrer might argue that the other side’s legal claims are flawed, the demurrer doesn’t change the fact that there may still be important facts to discover. So, discovery can and often does continue even while a demurrer is pending.

Here are some common scenarios where discovery may continue even after a demurrer has been filed:

Demurrer overruled: If the court rules against the demurrer, discovery will likely proceed as normal.
Demurrer sustained with leave to amend: Even if the demurrer is successful, the court may give the party who filed the demurrer a chance to fix their pleadings. Discovery may continue while the amended pleadings are being prepared.
Demurrer sustained without leave to amend: In this rare situation, the case may be dismissed, and discovery would likely be stopped. However, discovery may continue for a limited time to help determine whether the dismissal is appropriate.

It’s important to remember that discovery is a complex process with specific rules and deadlines. Consulting with an experienced attorney is the best way to ensure that you understand your rights and obligations during discovery.

Let’s break down what happens when a demurrer is overruled. A demurrer is a legal motion filed by a defendant in a lawsuit to dismiss the plaintiff’s claim.

The judge decides whether to grant or overrule the demurrer. If the judge overrules the demurrer, it means the judge believes the plaintiff’s claim is valid and has enough legal merit to continue.

When a demurrer is overruled, the defendant must file an answer to the plaintiff’s complaint within a specified time frame. Failing to do so could result in a default judgment being entered against the defendant, which means the plaintiff wins the case without the need for a trial.

Here’s why this is important:

It’s a signal the case is moving forward: An overruled demurrer means the judge sees merit in the plaintiff’s case and that the defendant needs to answer. This is a significant step in the litigation process.
It sets a timeline: The defendant now has a specific timeframe to file an answer. This deadline is crucial; missing it could have serious consequences.
It narrows the focus: The overruled demurrer helps define the specific issues that will be debated in the case. This can help both sides prepare their arguments and evidence.

Think of it this way: Overruling a demurrer is like saying “Okay, we’re moving forward. You, the defendant, have a chance to present your side of the story.”

Okay, let’s break down what happens when a court sustains a demurrer, and what happens next.

(c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint may be filed.

Think of a demurrer as a legal motion where a defendant argues the plaintiff’s complaint is legally flawed. If a court sustains the demurrer, it means the court agrees with the defendant’s argument. But instead of dismissing the case entirely, the court often gives the plaintiff a chance to amend their complaint.

This is where the conference comes in. The court might order the parties (the plaintiff and defendant) to meet and discuss the issues. The purpose of this conference is to try and iron out the problems with the complaint. Maybe the plaintiff can clarify their claims or add additional information. This can help prevent the defendant from filing another demurrer down the road.

The conference helps ensure both sides understand the court’s concerns, and it allows the plaintiff to rework their complaint. This way, if the plaintiff files an amended complaint, it’s more likely to stand up in court.

Think of it like this: Imagine you’re trying to build a house, but you’ve forgotten to order some essential materials. The builder can’t finish the job without those materials. A demurrer is like the builder letting you know those materials are missing. The court granting you leave to amend is like giving you the chance to go order those missing materials. The conference is like a meeting with the builder to make sure you order the right stuff and avoid further delays.

So, a court-ordered conference after a sustained demurrer is a chance for the parties to clear things up and avoid unnecessary legal battles. It’s all about ensuring the lawsuit moves forward in a more efficient and focused manner.

Okay, so you’re curious about what happens when neither party shows up for a demurrer hearing, right? Let’s break it down.

Essentially, the court has a few options:

The court can decide the demurrer on its merits. This means the court will look at the legal arguments presented in the demurrer and make a decision based on the law.
The court can drop the demurrer from the calendar. This means the demurrer is basically put on hold. If one of the parties wants to bring it back, they can do so by providing notice to the court or by agreeing to certain conditions set by the court.
The court can continue the hearing to a later date. This allows the court to give the parties more time to prepare their arguments or to see if one of the parties decides to appear.

It’s important to remember that a demurrer is a procedural tool used to challenge the legal sufficiency of a pleading (like a complaint). It basically says, “Even if everything in this pleading is true, it still doesn’t state a valid claim.” So, if no one shows up to argue for or against the demurrer, the court has to decide how to handle it.

Here’s a deeper dive into what those options mean:

Deciding the demurrer on its merits: This means the judge will look at the legal arguments presented in the demurrer and decide if the pleading (complaint, answer, etc.) is legally sound. If the judge decides the pleading isn’t legally sound, the demurrer is sustained, and the case may be dismissed, or the pleading may need to be amended.
Dropping the demurrer from the calendar: This is like putting the demurrer on hold. It can be re-activated later by one of the parties if they want to continue with the demurrer. This usually happens if both parties are unable to appear on the scheduled date for reasons beyond their control.
Continuing the hearing: This is when the judge decides to postpone the hearing for a later date, giving the parties time to prepare or to see if one of them will decide to appear. This can also happen if the judge needs additional information to make a decision.

Ultimately, the court will make the decision that best serves the interests of justice. The goal is to make sure that both sides have a fair chance to present their arguments and that the case is resolved in a fair and efficient manner.

Okay, let’s break down what a demurrer to a complaint is, and how it can potentially end a lawsuit.

A demurrer is a legal tool used by a defendant to challenge a plaintiff’s complaint. Essentially, the defendant is saying, “Even if everything the plaintiff claims is true, it still doesn’t give them a legal basis to sue me.”

Think of it like this: If someone accuses you of stealing their bike, but you know you didn’t, you might say, “Even if I was seen near the bike, that doesn’t mean I stole it. You need more evidence to prove your case.” That’s similar to how a demurrer works in a legal setting.

Now, a demurrer can be a powerful tool. If successful, it can stop the lawsuit in its tracks before it even goes to trial. However, it’s not always the best strategy.

Here’s why:

It’s a high-risk move. A demurrer is like a gamble. If the court agrees with the defendant’s argument, the lawsuit is over. But if the court disagrees, the defendant may face additional penalties, such as having to pay the plaintiff’s legal fees.
It can limit the defendant’s ability to gather evidence. By demurring, the defendant is essentially saying they don’t need to gather evidence to defend themselves. This could be a mistake if the defendant later realizes they need more information to build a strong defense.
It can make the defendant look weak. A demurrer can sometimes be perceived as a sign that the defendant doesn’t have a strong case. This could hurt the defendant’s chances of winning the lawsuit, even if the demurrer is ultimately unsuccessful.

While plaintiffs can technically file a demurrer to a defendant’s answer or affirmative defenses, this is much less common. It’s not typically considered a strong strategic move. It might suggest that the plaintiff is not prepared to address the defendant’s arguments and might actually weaken their own position.

So, while a demurrer can be a useful legal tool, it’s important to weigh the risks and benefits carefully before using it.

California Rules of Court: Title Three Rules

(1) The overruling of the demurrer; (2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or (3) The sustaining of the demurrer if California Courts

Section 472b – Running of time to amend or answer when

When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless Casetext

430.41 – SB 383 Limits Demurrers in California – Talkov Law

Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, thereby alleging that the pleading fails to state a claim or is Talkov Law

SUMMARY JUDGMENT AND DEMURRER – California

demurrer . asking that the case be dismissed. If a cause of action has been stated, the superior court overrules the demurrer and the case continues on. If no cause of action California Courts

Demurrer in Criminal Court Explained: PC 1004 & Demurrer

If the demurrer to an indictment or information is overruled, the court must permit the defendant, at the defendant’s election, to plead, which the defendant must do forthwith, Criminal Defense Lawyers

California Code, Code of Civil Procedure – CCP § 586 | FindLaw

(1) If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice of motion to strike, of the character specified FindLaw

Section 1007 – Order either overruling or sustaining demurrer,

If the demurrer to an indictment or information is overruled, the court must permit the defendant, at the defendant’s election, to plead, which the defendant must Casetext

California Code, Code of Civil Procedure – CCP § 430.41

(g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final FindLaw

demurrer | Wex | US Law | LII / Legal Information Institute

A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action. In ruling on a LII / Legal Information Institute