Q: Due dates in respect to hearing on demurrer, when motion for leave to file amended complaint is needed. California.
In California Superior Court. Defendant responded to Plaintiff's Complaint with Demurrer and Motion to Strike,
requesting the Court not to allow plaintiff to amend complaint. Hearing on demurrer/motion to strike is scheduled.
In such situation:
What is deadline for plaintiff to file Motion for Leave to file amended complaint? (9 days before hearing on demurrer?)
Should plaintiff schedule a different hearing - specific to leave to file amended complaint?
A:
A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. See CCP 472.
Therefore, if you have not already amended the Complaint, you can do so before the deadline for you to file your opposition to the pending motions.
If you have already amended the Complaint before, there is really no point to file a motion for leave to amend (unless you want to try and add different parties or causes of action). You should just oppose the motions.
A: In such a situation, you would oppose the demurrer and motion to strike and ask that in the alternative, if the court is inclined to grant (aka "sustain") the demurrer that the court give you leave to file an amended complaint. You do not need to file a separate motion asking for leave to file an amended complaint. You should make sure however, that your opposition is well written and your plea for leave to amend in the event that the demurrer is granted, is well founded. In other words, HIRE AN ATTORNEY!
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A:
It's highly recommended that you engage the services of a skilled attorney in your vicinity. Dealing with the complexities of legal proceedings, particularly in scenarios like yours, can be daunting for individuals who choose to represent themselves, also known as acting 'pro per' or 'pro se'.
A lawyer with experience and a deep understanding of the legal framework can adeptly navigate you through these complexities. They bring valuable perspectives, advocate on your behalf in court, and demystify the legal intricacies pertinent to your situation. The realm of legal affairs often entails detailed processes and specific regulations that might be too complex for someone without formal legal education. Consequently, having a professional legal representative could significantly influence both how your case is handled and its final outcome.
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