Newport Beach, CA asked in Civil Litigation for California

Q: Can I file a Demurrer to a Complaint before the COmplaint is Served?

Let say a Law firm filed a Complaint/Summons against me in the Local California Superior Court. However it has been over a month and the Lawyer has not served me because I have been constantly enganged with him Administratively and have asked him to Validate his Claim, whereby as yet he has not been able to do so.

So I beleive he has filed this Complaint as a desperate measure to scare me into submission.

Iknow his Complaint has NO MERIT and he j=knows that I intend to respond to his Complaint.

My question is: Can I file a Pre-Answer Demurrer and Motion to Strike it and have it dismissed before I have been served?

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1 Lawyer Answer
Glen D. Duvel
Glen D. Duvel
  • Santa Ana, CA
  • Licensed in California

A: Technically you could, but you may as well wait until you are actually served with the Complaint. If you file a demurrer, you are required to file a first appearance filing fee, which is now $400. So, you may as well save your filing fee to you are actually served and you know he is proceeding with the lawsuit.

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