Q: The 1st amended complaint was filed on 7/19/2024 on defendant did not answer the amended complaint.
There is an OSC set for 10/28/2024 and today on 9/30/24 they file another demurrer on the 1st amended complaint. Can they do that since it is 30 days after 7/19/24? Arent they too late? or did the OSC date of 10/28/2024 extend the answer due date? The OSC is to hear why there should not be a judgement against them for not filing an answer.
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A:
It appears that the defendant has missed the 30-day deadline to respond to the First Amended Complaint, which was filed on 7/19/2024. Normally, a defendant has 30 days to file a response, such as an answer or a demurrer. Since they filed the demurrer on 9/30/2024, more than 30 days after the amended complaint, it does seem like they are late.
The OSC (Order to Show Cause) hearing set for 10/28/2024 is specifically to address why the defendant failed to file an answer. The OSC does not typically extend the deadline for the defendant to file a response unless the court granted an extension, which doesn't seem to be indicated here. The fact that the hearing is scheduled shows that the court is already aware of the defendant’s failure to respond on time.
If the defendant hasn’t obtained a formal extension from the court, their demurrer is likely untimely. You may want to bring this to the court's attention, as it could affect the outcome of the case, especially in light of the upcoming OSC hearing.
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