Los Angeles, CA asked in Personal Injury and Legal Malpractice for California

Q: Does amended opposition to demurrer require separate hearing?

Defendant scheduled hearing for demurrer to amended complaint. Plaintiff opposes demurrer, and amends opposition to demurrer.

Does amended opposition to demurrer require separate hearing?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you have filed an amended opposition to the defendant's demurrer, you generally do not need a separate hearing. The court can consider your amended opposition at the already scheduled hearing for the demurrer to the amended complaint. This means that the hearing date remains the same, and both parties can address the updated arguments at that time.

It's important to ensure that your amended opposition is filed and served according to the court's deadlines and procedural rules. This gives the defendant adequate time to review your amendments before the hearing. Missing any deadlines might result in the court not considering your amended opposition.

You might want to check with the court clerk or review the local court rules to confirm that no additional steps are required. Staying informed about procedural requirements can help prevent any delays or issues in your case. If you have further questions, seeking clarification can be helpful.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.