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https://europebio.netlify.com/time-to-file-demurrer-to-amended-complaint-filed.html
The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days …74%(6.7K)
https://www.avvo.com/legal-answers/how-much-time-to-file-answer-to-first-amended-comp-679120.html
Mar 23, 2012 · The practicality of this situation may play out as follows: the court could provide in their order sustaining the demurrer and granting leave to amend the complaint how long defendant has to file an answer to the amended complaint. The defense counsel can ask the court for 30-days to answer the amended complaint.
https://law.justia.com/codes/california/2016/code-ccp/part-2/title-6/chapter-8/section-472
A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the 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 pleading. (b) This section shall remain in effect only until January 1, 2021,...
https://www.avvo.com/legal-answers/how-much-time-defendents-have-to-respond-to-an-amm-717861.html
Your confusion stems from the fact that an apparent conflict exists between rule and statute concerning the time to respond to an amended complaint. California Rules of Court, Rule 3.1320, which governs demurrers, provides that a defendant has 10 days to plead to a complaint after the complaint is amended or the time to amend has expired if a demurrer was sustained with leave to amend.
https://www.avvo.com/legal-answers/amended-complaint-after-demurrer-340764.html
Sep 20, 2010 · You don't have to meet and confer on a demurrer, but it's not uncommon for a lawyer planning to file a demurrer to try to get the plaintiff to amend their complaint, or to stipulate to dismissing their client from 1 or more causes of action.
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
Jan 01, 2007 · Following 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. (Subd (g) amended and relettered effective January 1, 2007; adopted as subd (e).)
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
demurrer. 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 pleading.
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://www.greghillassociates.com/can-one-demurrer-to-a-criminal-complaint-on-what-basis.html
However, a demurrer may be effective when the judge sustains it to one or more causes of action without leave to amend. In a criminal court, a demurrer is rare, but also can be helpful in narrowing down the scope of charges or even in having the case dismissed.
https://www.avvo.com/legal-answers/california---response-time-for-demurrer-to-amended-1117000.html
They now have to file an Answer to the First Amended Complaint or file a new Demurrer. I believe the defendant has 30 days to do so. If the 30 days plus the 5 for mailing has passed, then you should move for a default judgment.
https://www.wikihow.com/Oppose-a-Demurrer-to-a-Complaint
Nov 07, 2019 · However, you can only take advantage of this if you amend your complaint within 21 days of serving your original on the defendant. If you are past this time period when you receive the demurrer, you will need the court's permission (or the defendant's) in order to amend your complaint.
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://caselaw.lexroll.com/2017/01/01/demurrer-2nd-amended-complaint-judge-goode/
Accordingly, the demurrers to the first through sixth causes of action are sustained and plaintiff shall have twenty days leave to amend the first five causes of action. The demurrer to the sixth cause of action is sustained without leave to amend. E. Request for Judicial Notice
https://www.justanswer.com/law/7xdmf-time-frame-file-demurrer-what-time.html
Aug 09, 2013 · Plaintiff filed Amended Complaint per Court’s order; Within 30 days after the amended complaint was served on Defendant, Defendant must file an answer to the amended complaint and file defendant’s Cross-complaint at the same time?5/5(11K)
https://www.thelaw.com/threads/file-new-demurrer-after-filing-deadline-if-amended-complaint-moots-existing-demurrer.62716/
Oct 28, 2015 · The five-day period to respond to the amended complaint has expired. I believe that the amended complaint effectively mooted my existing demurrer. Given my pre-existing demurrer, if I file a demurrer to the amended complaint, will the judge regard it as being untimely?
https://www.wikihow.com/File-a-Demurrer-to-a-Complaint
Mar 29, 2019 · How to File a Demurrer to a Complaint. After the plaintiff starts a lawsuit by filing a complaint, you can respond by filing an "answer" or a "demurrer." In a demurrer, you argue that the plaintiff has not stated a legitimate legal claim...
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