Q: Hello,The defendant in an IP case has a reservation for a demurrer that’s 30 days away. Can I file my opposition now?
Can I file and serve my opposition now or do I need to wait closer to the date?
A:
In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to consider your arguments.
You are not required to wait until closer to the hearing date to file your opposition; however, filing too early is not typical practice. It's important to ensure that your opposition is timely, meaning not too early that it precedes the demurrer significantly, and not so late that it does not meet the minimum requirement of nine court days before the hearing.
Therefore, while you can prepare your opposition well in advance, you should aim to file and serve it in accordance with the nine court days requirement to ensure compliance with California court rules. This approach ensures that all parties have sufficient time to review and respond to the filings before the demurrer hearing.
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