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How much time do I have to oppose a demurrer in a civil case?

Los Angeles, CA |

This is a civil lawsuit. The defendant has not answered yet. Just sent the demurrer.

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Attorney answers 3

Posted

You have nine COURT days before the hearing to serve and file your Opposition to Demurrer. If you wait until that date, you must fax, overnight mail or personally deliver your Opposition to each of the opposing sides.

A court day is each day that the court is open for business.

In California, the deadlines with respect to notice of motions, oppositions and replies to oppositions to most motions in civil litigation matters are governed by California Code of Civil Procedure section 1005. Subdivisions (b) and (c) provide as follows:

(b) Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five
calendar days if the place of mailing and the place of address are
within the State of California, 10 calendar days if either the place
of mailing or the place of address is outside the State of California
but within the United States, and 20 calendar days if either the
place of mailing or the place of address is outside the United
States, and if the notice is served by facsimile transmission,
express mail, or another method of delivery providing for overnight
delivery, the required 16-day period of notice before the hearing
shall be increased by two calendar days. Section 1013, which extends
the time within which a right may be exercised or an act may be done,
does not apply to a notice of motion, papers opposing a motion, or
reply papers governed by this section. All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party at least nine court days, and all reply papers at least five
court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.

(c) Notwithstanding any other provision of this section, all
papers opposing a motion and all reply papers shall be served by
personal delivery, facsimile transmission, express mail, or other
means consistent with Sections 1010, 1011, 1012, and 1013, and
reasonably calculated to ensure delivery to the other party or
parties not later than the close of the next business day after the
time the opposing papers or reply papers, as applicable, are filed.
This subdivision applies to the service of opposition and reply
papers regarding motions for summary judgment or summary
adjudication, in addition to the motions listed in subdivision (a).
The court, or a judge thereof, may prescribe a shorter time."

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

Posted

your opposition is due 9 court days prior to the hearing.

Posted

Above responses are correct. When you count the nine court days, make sure to exclude weekends and any court holidays. Make sure the opposition is filed with the court at least nine court days ahead of the hearing and that all parties are served with copies by personal service, overnight mail or fax. (Most parties serve by fax or overnight mail.) Also maks sure your paper has attached to it proof of service showing proper service on all parties as specified above.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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