Does the filing of a Petition to Compel Arbitration extend the time for a defendant to file a demurrer?

Asked over 1 year ago - North Hollywood, CA

The defendants I am suing filed a petition to compel arbitration in lieu of an answer. Now, after the petition to compel was denied, they filed a demurrer to my complaint. I was under the impression that they only had 30 days after the filing of my complaint to file a demurrer. Is that correct? Does the filing of a petition to compel arbitration extend that time.

What can I do to oppose the demurrer?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Yes. Your assumption/impression is not correct. Filing a petition (or motion) to compel arbitration normally stays the litigation pursuant to CA Code of Civil Procedure section 1281.5. Moreover, pursuant to CA Code of Civil Procedure section 1281.7, the petitioning defendant has 15 days after any denial of the petition to plead to the complaint.

    No one can really advise you how to oppose a specific demurrer. However, you might consider filing a First Amended Complaint to correct any deficiencies in the allegations of your Complaint.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

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    Answered . Filing the petition for arbitration is a legitimate response to a lawsuit and usually stays the lawsuit pending a determination. After the petition was denied a demurrer would still be available.
    As for opposing the demurrer, you can either argue using law and facts why the demurrer should be overruled, or file an amended complaint to fix the defects, assuming you have not filed an amended complaint already.
    If you have a valuable case, you should try consulting with an attorney.

  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

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    Answered . You need to evaluate their petition to compel arbitration motion and respond in a timely fashion.

    Hire a lawyer.

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