How do I dismiss a case after my demurrer is sustained without leave to amend?

Asked over 1 year ago - San Francisco, CA

There was a demurrer hearing that ended with the court taking my demurrer under submission. A few weeks later it issued an order sustaining my demurrer without leave to amend saying plaintiff failed to prove a reasonable possibility of amendment. (it didn't mention to any particular causes of action so i assume it is for the entire complaint) I filed and served an entry of order on the other party. What happens now? Do I need to take any sort of action to dismiss the case? The court's order didn't ask either side to prepare judgment, etc. I'm concerned if I do nothing the other party might try to have this order sustaining my demurrer set aside, is that possible?

Attorney answers (3)

  1. Lloyd Stewart Mann

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . There should be a minute order in the file which accurately states that the demurrer was sustained without leave to amend. However, normally, after prevailing on a demurrer where it is without leave to amend, the prevailing party will submit a proposed Judgment. You may wish to call the clerk in the department where the demurrer was sustained to determine precisely how she wants to handle it, but normally the prevailing party would go ahead and file a proposed Judgment. Then, you will have a judgment for dismissal awarding you costs.

    THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Mr. Mann. Normally, the moving party prepares the order/judgment for the judge's signature. You want to do that because until their is a judgment of dismissal the time to appeal does not start to run.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . the prevailing party will have the court sign an order and if the demurrer is sustained as to all causes of action then a proposed judgment.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,900 answers this week

2,967 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,900 answers this week

2,967 attorneys answering