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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.
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
Jan 01, 2007 · 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://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://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=430.41
(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.
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://en.wikipedia.org/wiki/Demurrer
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff. A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
https://www.jdsupra.com/legalnews/changes-to-the-california-code-of-civil-14570/
Dec 21, 2015 · A demurring party cannot demur to a cause of action in an amended complaint that could have been demurred to in the prior demurrer to an earlier version of the complaint. CCP section 472(a) is ...
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-430-41.html
(e)(1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.
https://www.wikihow.com/Oppose-a-Demurrer-to-a-Complaint
Nov 07, 2019 · A demurrer, often called a motion to dismiss, is a motion filed by the other party claiming that your complaint does not establish a valid cause of action. Demurrers are not often filed, and are usually a waste of time, because courts will usually let you file an amended complaint in order to fix any errors you may have in your original.
https://www.jdsupra.com/legalnews/revised-california-rules-intended-to-95686/
Apr 28, 2016 · Generally, a complaint or cross-complaint shall not be amended more than three times in response to a demurrer, unless the pleading party can argue …
https://www.plaintiffmagazine.com/recent-issues/item/finding-opportunity-in-the-demurrer
You might just call the other side and tell them that an amended complaint will be filed, making the demurrer moot. Or just file it before the hearing. (Under Code Civ. Proc., § 472, if the complaint has not yet been amended, you can file an amendment complaint as of right, right up until the date set for hearing on the demurrer.
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://law.justia.com/cases/california/court-of-appeal/2d/220/744.html
In Daniels v. Daniels, supra, 136 Cal. App. 2d 224, the demurrer of the defendant Orrin Daniels to the second count of the amended complaint was sustained, the plaintiff given 10 days to amend. The demurrer of the defendants Donald and Genevieve Daniels to the entire amended complaint was sustained and the plaintiff given 10 days to amend.
http://www.legalmission.org/samples/19-demurrer-to-FAC.pdf
1 defendants pqrs corporation, tom adams, kenny adams and paul roberts’s notice of hearing and demurrer to plaintiff’s first amended complaint
https://legal-dictionary.thefreedictionary.com/amended+complaint
amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
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