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https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-472.html
(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.
https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
2020 California Rules of Court. Rule 3.1320. Demurrers (a) Grounds separately stated Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses.
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-586.html
(1) If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice of motion to strike, of the character specified in Section 585, within 30 days after service thereof or within the time allowed by the court.
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
(b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer.
https://www.worklawyers.com/civil-lawsuit-deadlines-california/
A demurrer is often filed with the answer, but if it is not the defendant may file the demurrer within 30 days of the service of the complaint or cross-complaint.48 In addition to these common deadlines, there are a few other limits that defendants should consider after being served with a complaint:
https://law.justia.com/codes/california/2016/code-ccp/part-2/title-6/chapter-8/section-472
472. (a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than …
https://forum.freeadvice.com/threads/first-amended-complaint-render-demurrer-moot.532710/
Nov 02, 2010 · However, if the first amended complaint is filed prior to answer but after a demurrer has been filed, then, because the FAC replaces the initial complaint, it automatically disposes of the pending demurrer. As you’ve been told - the FAC results in the clerk removing the hearing on the demurrer from the court’s motion calendar.
https://www.lawguru.com/legal-questions/california-general-civil-litigation/civil-complaint-ammended-filed-point-431128984/
can a civil complaint be ammended after filed? If so, up to what point in time is it too late to ammend? ... without leave of court. This situation can be helpful, particularly, if the defendant responded to the complaint with a demurrer and/or motion to strike. ... file an amended complaint, after these responses were filed, as long as the ...
https://caselaw.findlaw.com/ca-court-of-appeal/1128604.html
On September 16, 2005, in lieu of filing written opposition to the demurrer, Barton attempted to file a first amended complaint which he believed addressed the deficiencies raised by the demurrer. However, because RPost had filed its answer, the court clerk refused to accept the amended complaint for filing.
https://www.jdsupra.com/legalnews/changes-to-the-california-code-of-civil-14570/
Dec 21, 2015 · An amended complaint must now be filed no later than the date an opposition to the demurrer is due. An amended pleading can only be filed after …
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB383
(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than …
https://lewisllewellyn.com/litigation-tip-important-changes-to-the-california-code-of-civil-procedure-regarding-demurrers/
Jan 13, 2016 · An amended complaint must now be filed no later than the date an opposition to the demurrer is due. An amended pleading can only be filed after that date pursuant to a stipulation of the parties. In short, the new rules will limit the number of amended complaints and …
https://www.thelaw.com/threads/file-new-demurrer-after-filing-deadline-if-amended-complaint-moots-existing-demurrer.62716/
Oct 28, 2015 · Given my pre-existing demurrer, if I file a demurrer to the amended complaint, will the judge regard it as being untimely? If a second demurrer can be heard, then, when can I take existing demurrer matter off calendar, without risk of default judgment, i.e. …
https://caselaw.findlaw.com/ca-court-of-appeal/1072329.html
May 29, 2001 · To this list we add discretionary dismissals based on the failure to file an amended complaint after a demurrer has been sustained with leave to amend, at least where, as here, the dismissal was entered after a hearing on noticed motions which required the court to evaluate the reasons for delay in determining how to exercise its discretion.
https://virginia-appeals.com/the-demurrer-trap/
Inexplicably, the second amended complaint included these defamation counts after the trial court: (1) sustained the Gavins’ demurrer to these counts in the original complaint and allowed the plaintiffs to amend their complaint; and (2) sustained the Gavins’ demurrer and plea of absolute privilege in relation to these defamation counts with ...
https://www.hbblaw.com/client-alert-court-settles-conflict-between-ccp-and-rules-of-court-regarding-demurrer-deadline-following-amended-complaint-08-15-2014/
Aug 15, 2014 · Plaintiff contended Dr. Pepper’s demurrer was untimely as it was filed more than 10 days after the filing of the SAC. Dr. Pepper noted Rule of Court 3.1320(j) directly conflicts with CCP Section 471.5(a) which provides, in relevant part: “If the complaint is amended, a copy of the amendments shall be filed…and a copy of the amendments or ...
https://law.justia.com/cases/california/court-of-appeal/2d/220/793.html
[1] Plaintiff has failed to bring before this court the original complaint. fn. 1 Before us is a minute order of April 25, 1960, which discloses that the demurrer to the complaint of Bankline Oil Co., Ltd., was sustained and its motion to strike portions of the complaint was granted, plaintiff being allowed to amend his complaint. An amended ...
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