New Demurrer Rules
By Preston Lim | January 16, 2016
Effective January 1, 2016, certain changes in the California Code of Civil Procedure (“CCP”) will affect procedures for filing demurrers. The new CCP section 430.10 requires parties to “meet and confer” (similar to the Federal Rules of Civil Procedure) before filing a demurrer. During the meet and confer process, the parties must provide legal authority supporting their respective positions. If the parties cannot complete the meet and confer exchange five (5) days before the deadline to file responsive pleadings, the demurring party can obtain an automatic 30-day extension by filling a declaration with the court.
On a somewhat related topic, the new CCP section 472 also prevents the filing of an amended complaint on the eve of the demurrer hearing. Under the amended code, an amended complaint must now be filed no later than the deadline to file an opposition to the demurrer, unless stipulated by the parties.
For more information, please contact Preston H. Lim