When does the 10 days for defendant to file answer begin after demurrer? (Hearing date? date on Order?)

Asked about 1 year ago - San Diego, CA

Defendant demurred on my complaint. Out of 7 causes of action, 3 were overruled, 4 were sustained without leave to amend. Court ordered defendant's counsel to prepare the order. It has been 8 days and the lawyer has not done so. When does the 10 days for defendant to answer start ticking? Is it 10 days from the hearing date? (There was no hearing because no one challenged the tentative decision.) Is it 10 days from the date the defendant's counsel get the judge to sign the order? That could be an eternity! When does the 10 days begin? Thank you for helping.

Attorney answers (4)

  1. John Joseph O'Brien

    Contributor Level 13

    9

    Lawyers agree

    Answered . The time runs from the date of service of the notice of ruling (time is extended further for mail service), unless notice was waived in open court, which apparently didn't happen here. I would remind defense counsel.

    The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    9

    Lawyers agree

    Answered . Normally, the 10 days runs from the date of the hearing if notice was waived. Otherwise, the defendant gets 15 days to answer if the notice of ruling is mailed (10 plus 5 days for mailing).

    If you want to push the issue, you would file a Request for Entry of Default.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Robin Mashal

    Contributor Level 19

    8

    Lawyers agree

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    The answer will depend on what happened at the hearing. Did the court state defendant is ordered to file answer within 10 days? Did the parties "waive" notice of ruling? If the parties waived notice, then the time starts running from when the court announced its ruling. Be sure to consult your own attorney to protect your legal rights.

  4. Robert Bruce Kopelson

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You can prepare a proposed order and send it to him for approval and signature, with a cover letter that he has failed to do so in a timely manner. If he doesnt notify you that there is something wrong or sign and return the order to you w/in 5 days of your mailing it to him, you can then submit it to court with a copy of your transmittal letter to him, the proposed order, and a new letter advising the court he didnt respond to your transmittal letter. Send opposing counsel a cc of everything you are sending to the court, and show the cc on the letter to the judge.

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