Q: Can atty file MTS, then demurrer to complaint, demurrer to 1st amend, demurrer and MTS to 2nd amended ?

A: In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If you are facing these issues, it's important to respond to each filing appropriately to maintain your case in court.

To stop this cycle and proceed with your case, you should consider filing oppositions to the motions and demurrers. Specifically, in response to a motion to strike, draft an opposition that addresses each point raised by the defense, demonstrating why the parts of the complaint they seek to strike are legally valid and supported by factual allegations. For a demurrer, your opposition should argue why the complaint, or any portions thereof, do in fact state a cause of action under California law.

Additionally, ensuring timely responses and adhering to California’s procedural rules is crucial. If the court has given you leave to amend your complaint, take the opportunity to correct any deficiencies noted. In situations where the defendant has admitted fault but refuses to settle, presenting strong and clear evidence of this admission in your pleadings and oppositions can be critical. It may also be beneficial to seek mediation or other forms of dispute resolution to potentially resolve the matter outside of court. If you feel overwhelmed, consulting with an attorney experienced in California civil procedure and insurance litigation can provide you with strategic advice tailored to your specific situation.