![]() ![]() The new law also requires a defendant to demur to all deficient cause of action from the outset. This three strikes language will give the trial court a basis to sustain a demurrer without leave to amend. ![]() Now, a plaintiff will be given three chances to amend the complaint absent an offer to the trial court that there is a reasonable possibility the defect can be cured. Under the current statute, there is no limitation on the number of amended complaints. There is also a “three strikes” provision. This will not only save the time and cost of preparing a reply and attending a hearing, but will also eliminate the need for the court to prepare its demurrer ruling, only to have it rendered moot by the filing of an amended complaint. ![]() Under the new statute, plaintiffs must file an amended complaint at the time the opposition to the demurrer is due. Many times amended complaints are filed on the eve of the demurrer hearing. This will eliminate many demurrers that are filed simply because plaintiff’s counsel will not return your call or respond to your letter.įurther, last minute amended complaints will be eliminated. CDC has proposed a standardized Judicial Council form be utilized. If the parties are not able to meet and confer five days before the date a responsive pleading is due, the demurring party is automatically granted a 30 day extension to respond by filing a declaration with the court. There must be a substantive exchange of legal support for each party’s position. ![]() There is now a meet and confer requirement prior to filing any demurrer. In response, CD proposed amendments to the demurrer statutes which would result in greater efficiencies. SB 383 arose in response to the Consumer Attorneys’ proposal to eliminate demurrers entirely and some judges” views that demurrers were clogging the court system. Senate Bill 383 amends CCP §430.41, CCP §472 and §472(a) concerning demurrers. LSS Membership Application and Renewal Form. ![]()
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