C.C.P. § 430.41 added to require demurring party to attempt to meet and confer prior to filing demurrer and file meet and confer declaration with demurrer; limits on subsequent demurrers; limits amendments to pleadings after demurrer. This statute also makes other changes, but some useful parts of this new law are:
“…meet and confer in person or by telephone ..” So no lame self-serving letters. But what happens if the opposing lawyer is a douche bag and voids my call? Even better …..
” The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension….” [emphasis added]
Don’t get too excited because the substance of your meet and confer is really meaningless because the statute also states:
“(4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.”
Also, this section does NOT apply to ” A proceeding in forcible entry, forcible detainer, or unlawful detainer.”