Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?
1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?
Here:
2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint or portions of the complaint, C). Initiate a Cross-Complaint without answering the complaint, D). Filed 3- Moving papers to include A, B & C above, e).
f). Defendant instead Filed all the above "A to D" ask the court to choose one above the other and the Plaintiff may also only respond to file "A" demurrer moving papers, but neglect to file answers to defense not. "b & C".
Can the Court be expected on "A" Demurrer moving papers if overruled does "B & C" moving papers stand a chance to stick?
Question: Can the Court Discern this strategy to inundate complainants and moot "mot. To strike and the cross-complaint upon Overruling demurring papers?
A:
In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings.
1. When a defendant files an answer in response to a demurrer to an unamended complaint, there is generally no set time limit for the defendant to respond to the demurrer itself. The defendant's response is typically the filing of the demurrer.
2. In terms of responding to a civil action, the defendant has several options:
A) File a demurrer challenging the legal sufficiency of the complaint.
B) File a motion to strike to challenge specific parts of the complaint.
C) File a cross-complaint without necessarily answering the original complaint.
D) Combine A, B, and C in a single set of moving papers.
If the defendant employs all these strategies (A to D) and asks the court to prioritize one over the others, the plaintiff is generally expected to respond to each motion separately. However, focusing solely on the demurrer is not uncommon if it challenges the entire complaint.
Regarding the court's handling of these motions, if the demurrer is overruled, it does not automatically invalidate the motion to strike or the cross-complaint. Each motion is considered on its own merits. The court will assess whether the strategy used by the defendant is merely to inundate the plaintiff or if it has substantive legal merit.
In summary, while a defendant in California can use multiple strategies to respond to a lawsuit, the effectiveness of each depends on the court's interpretation and rulings on the individual filings. The court's primary focus is to ascertain the legal validity of each motion, regardless of the defendant's overall strategy.
A:
You can Demurrer and file a Motion to Strike at the same time. I would wait until the Demurrer and MTS are heard and ruled on before filing the Cross-X, because you don't file an Answer until the issues raised in your demurrer and MTS are resolved; if you don't know is "at issue", you don't may not have a full picture as to what your Cross-X should include.
Demurrer and MTS are due when the Answer would be due; Plaintiff's opposition to those motions will be based on the hearing date.
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