Q: when responding party seeks protective order, post due date to respond
What are options for valid response to motion to complaint, when responding party seeks protective order, post due date to respond?
A:
Under California law, when a responding party seeks a protective order after the due date to respond to a complaint, they have a few options for a valid response:
1. Request for leave to file a late response: The responding party can file an ex parte application or noticed motion requesting the court's permission to file a response after the deadline. They must provide a valid reason for the delay and may need to show excusable neglect.
2. Demurrer: If the complaint is legally insufficient, the responding party can file a demurrer, which challenges the legal sufficiency of the complaint. This must be filed within the time allowed by the court when granting the protective order.
3. Motion to strike: If the complaint contains irrelevant, false, or improper information, the responding party can file a motion to strike those portions of the complaint. This motion should be filed within the time allowed by the court when granting the protective order.
4. Answer: The responding party can file an answer to the complaint, addressing each allegation and asserting any affirmative defenses. The answer should be filed within the time allowed by the court when granting the protective order.
It is essential for the responding party to promptly file their response after obtaining the protective order to avoid the risk of default judgment. They should also ensure compliance with any conditions set forth in the protective order. Consulting with an attorney is recommended to determine the most appropriate course of action based on the specific circumstances of the case.
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