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https://caselaw.lexroll.com/2019/01/07/demurrer-to-the-first-amended-complaint-judge-robert-s-draper/
Jan 07, 2019 · Defendant Kia Motors America, Inc.?s Demurrer to the First Amended Complaint is SUSTAINED, without leave to amend, as to the Fifth Cause of Action for Breach of Implied Warranty of Merchantability, SUSTAINED with leave to amend as to the Sixth and Seventh Causes of Action for Fraud by Omission and Fraudulent Inducement, and OVERRULED as to the Third and Fourth Causes …
https://caselaw.lexroll.com/2020/01/27/demurrer-to-first-amended-complaint-judge-sunil-r-kulkarni/
Defendant Kia Motors America, Inc. (“Defendant” or “KMA”) demurs to the First Amended Complaint (“FAC”) filed by plaintiffs Brian Wood and Lisa Wood (collectively, “Plaintiffs”) and moves to strike portions contained therein.
https://www.amfs.com/anatomy-of-demurrer/
Jun 25, 2019 · The Defendant filed a Demurrer to the first cause of action, and Motion to Strike seven portions from the First Amended Complaint. In California, the Demurrer standard is from California Code of Civil Procedure §430.10: “The party against whom a complaint…has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following …
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://forum.freeadvice.com/threads/first-amended-complaint-render-demurrer-moot.532710/
Nov 02, 2010 · First by court faq says yes (by CCP 472, but CCP 472 does not say the demurrer would be moot) and if defendant receives a first amended complaint it is the defendant's responsibility to notify court to cancel hearing. then another that says the hearing stands because a FAC is not a proper response to a demurrer --...
https://www.avvo.com/legal-answers/how-much-time-to-file-answer-to-first-amended-comp-679120.html
Mar 23, 2012 · -Defendant #1's (D1) hearing came first and her demurrer was sustained with leave to amend (5 of 6 causes were sustained, 1 overruled) -Defendant #2's (D2) hearing has not yet been heard. -Following D1's hearing and prior to D2's, Plaintiff timely filed a FAC and served both Defendants by mail.
https://www.avvo.com/legal-answers/amended-complaint-filed-prior-to-demurrer-hearing-525686.html
Aug 29, 2011 · Amended complaint filed days before demurrer hearing and properly served on defendant. Neither plaintiff or defendant appeared at demurrer hearing, as it was moot, due to the First Amended Complaint. Why would judge hold hearing, grant leave to amend to be filed in 10 days if the amended complaint was already filed?
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://law.justia.com/codes/california/2016/code-ccp/part-2/title-6/chapter-8/section-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 the date for filing an opposition to the demurrer. A party may amend the complaint, cross-complaint, or answer after the date for …
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
Jan 01, 2007 · A 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. (Subd (e) amended and relettered effective January 1, 2007; adopted as subd (c).) (f) Failure to appear at hearing
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
A party may amend the pleading complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer or motion to strike, demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended …
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.legaldocspro.com/blog/demurring-to-a-first-amended-complaint-in-california/
Mar 19, 2019 · Demurring to a first amended complaint in California can include the grounds that the first amended complaint filed by Plaintiff relates to the same transactions that were alleged in the original complaint and asserts the same causes of action, but the Plaintiff is attempting to evade the statute of limitations bar by deleting the inconvenient facts from the first amended complaint.
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://www.greghillassociates.com/can-one-demurrer-to-a-criminal-complaint-on-what-basis.html
However, it is wise to understand that just as in a civil case where a demurrer is sustained with leave to amend (the plaintiff can fix the problem), the prosecutor in a felony case can also fix the defect and refile. This is because the first dismissal is not final (the “two dismissal rule” …
https://caselaw.findlaw.com/ca-court-of-appeal/1128604.html
The trial court ruled that section 1714.10 did not apply to the malicious prosecution cause of action, but nevertheless sustained the defendants' demurrer to the entire complaint without leave to amend, dismissed the complaint against all defendants (even though Stirling had filed an answer) and struck the first amended complaint on the grounds that the original complaint had been filed without authorization.
https://caselaw.lexroll.com/2019/05/10/demurrer-motion-to-strike-judge-deborah-c-servino/
The general demurrer as to the first cause of action is sustained with 15 days leave to amend.? The remainder of the demurrer is overruled. Special Demurrer on the Ground that the Court Lacks Subject Matter Jurisdiction
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.
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