Q: How to file an objection or opposition to "Declaration of Demurring Party in Support of Automatic Extension"?
Defendant filed for automatic extension to demure 10 days ago. Claims to be justified on an automatic extension to demure because he emailed Plaintiff 26 days ago to meet and confer. Plaintiff was ill and unavailable yet was represented by counsel. Defendant is skipping the fact that he was properly served a Writ of Mandate at end of summer and this was skipped by both Opposing counsel and Plaintiff's counsel at the last court hearing. Defendant should not be allowed to demure, but how do you explain this to the court if it was not explained at the hearing last month? In other words, Plaintiff's counsel "dropped the ball."
A: Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to meet and confer. The declaration must state under penalty of perjury that a good faith attempt to meet and confer was made and explain the reasons why the parties could not meet and confer. If you want to file an "opposition" or "objection" you certainly could; however, I suspect the Court will not do much with the opposition/objection since the case is not at issue.
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