#Time to file demurrer to amended complaint form code
If an amended pleading is filed after the time allowed, an order striking the amended pleading must be obtained by noticed motion under Code of Civil Procedure section 1010. (i) Motion to strike late-filed amended pleading (Subd (h) amended and relettered effective Januadopted as subd (f) previously amended effective July 1, 1995.) (h) Ex parte application to dismiss following failure to amendĪ motion to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2). (Subd (g) amended and relettered effective Januadopted as subd (e).) (Subd (f) amended and relettered effective Januadopted as subd (d).)įollowing a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted. If neither party appears, the demurrer may be disposed of on its merits or dropped from the calendar, to be restored on notice or on terms as the court may deem proper, or the hearing may be continued to such time as the court orders. Failure to appear in support of a special demurrer may be construed by the court as an admission that the demurrer is not meritorious and as a waiver of all grounds thereof. When a demurrer is regularly called for hearing and one of the parties does not appear, the demurrer must be disposed of on the merits at the request of the party appearing unless for good cause the hearing is continued. (Subd (e) amended and relettered effective Januadopted as subd (c).) (Subd (d) amended and lettered effective Januadopted as part of subd (b).)Ī demurrer must state, on the first page immediately below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer.
For good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court. (Subd (c) amended effective Januadopted as subd (b) previously amended effective Jpreviously amended and relettered as subd (c) effective January 1, 2007.)ĭemurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter. (Subd (b) adopted effective January 1,2007.)Ī party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in accordance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule 2.251(h)(2). (b) Demurrer not directed to all causes of actionĪ demurrer to a cause of action may be filed without answering other causes of action. (Subd (a) amended effective January 1, 2007.)
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