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New Demurrer Rules, Meet and Confer & 30 Days Extension (CCP §430.41)

On Behalf of | Jul 22, 2016 | Civil Procedure |


The new Code of Civil Procedure §430.41 requires the parties to discuss at least 5 days before filing a demurrer the reasons why the demurring party believes the pleading is defective.  A declaration must also be attached to the filed demurrer showing compliance with this new law.  But what happens if you are retained 5 days (or less) before a response is due?  Well, if you want to demurrer, you can file a document with the court, pay the first appearance fee and effectively obtain a 30 day extension to respond!

One  odd part to this statute is the court cannot deny the demurrer if  your meet and confer  is insufficient.

CCP 431.41(4) states:  ” Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.”

There are many other important aspects to Section 430.41 such as it does not apply to unlawful detainer actions and limits on amendment to pleadings, further meet and confers, etc. so give read it thoroughly.