Q: Does plaintiff need to respond to defend counsel's demurrer; if so, what is the limited timing to respond?

A: If you don't respond, the Demurrer will be sustained. If it is the first Complaint, you will likely be granted permission to Amend. In fact you could enter that Stipulation with Defense counsel now to avoid the hearing. If you are on the 2nd, 3rd, etc., Complaint, the Court may sustain the Demurrer without leave to Amend and your case will be over, except the potential of appeal. Opposition to a Demurrer is nine court days before the hearing for the opposition and five court days before the hearing for the reply to opposition.

Code of Civil Procedure section 1005(b) provides:

Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or

reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five (5) court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.

A: Yes. Why wouldn't you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.