My father was dealing w/ a medical emergency (stroke), I didn't do a good job when I amended the complaint. I asked defendant to agree to allow me to fix the errors with amended complaint. They sent in a second demmurr. From reading the procedure, it looks like I file an amended complaint as a matter of course after each demmurr. So do I just file it? The hearing date in 3/24 - so I'd like to get the fixes in.
Under Ca law the defendant was required to meet and confer with you prior to filing the demurrer to tell you what their objections are to the complaint so that you can fix it. If they did not do so, then they may have violated the statute. If they did, you should fix it and attach it to your answer and state under oath that they did not give you time to amend. The Court is the only one that can give permission to file additional complaints.
I agree with Ms. Vaccaro. If they did not meet and confer bring that to their attention and again ask them to withdraw their demurrer until you have a chance to fix the mistakes. If they continue to refuse, respond to the demurrer, state they failed to meet and confer, attached your second amended complaint and ask the court for leave to file it.
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