California Code of Civil Procedure - California

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at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.

      (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following:

      (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.

      (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.

      (4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.

      (b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer.

      (c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held.

      (d) This section does not apply to the following civil actions:

      (1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution.

      (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer.

      (e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed.

      (2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue.

      (f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80.

      (g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer.

      (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

      (Added by Stats. 2015, Ch. 418, Sec. 1. Effective January 1, 2016. Repealed as of January 1, 2021, by its own provisions.)

      430.50. (a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein.

      (b) A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answer.

      (Added by Stats. 1971, Ch. 244.)

      430.60. A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded.

      (Added by Stats. 1971, Ch. 244.)

      430.70. When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, except as the court may otherwise permit.

      (Added by Stats. 1971, Ch. 244.)

      430.80. (a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of action alleged in the pleading or an objection that the pleading does not state facts sufficient to constitute a cause of action.

      (b) If the party against whom an answer has been filed fails to demur thereto, that party is deemed to have waived the objection unless it is an objection that the answer does not state facts sufficient to constitute a defense.

      (Amended by Stats. 1983, Ch. 1167, Sec. 2.)

      430.90. (a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows:

      (1) If the defendant has not generally appeared in either the original or federal court, then 30 days from the day the original court receives the case on remand to move to dismiss the action pursuant to Section 583.250 or to move to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, if the court has not ruled on a similar motion filed by the defendant prior to the removal of the action to federal court.

      (2) If the defendant has not filed an answer in the original court, then 30 days from the day the original court receives the case on remand to do any of the following:

      (A) Answer the complaint.

      (B) Demur or move to strike all or a portion of the complaint if: (i) an answer was not filed in the federal court, and (ii) a demurrer or motion to strike raising the same or similar issues was not filed and ruled upon by the original court prior to the removal of the action to federal court or was not filed and ruled upon in federal court prior to the remand. If the demurrer or motion to strike is denied by the court, the defendant shall have 30 days to answer the complaint unless an answer was filed with the demurrer or motion to strike.

      (b) For the purposes of this section, time shall be calculated from the date of the original court’s receipt of the order of remand.

      (Added by Stats. 1995, Ch. 796, Sec. 5. Effective January 1, 1996.)

      ARTICLE 2. Denials and Defenses

      431.10. (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.

      (b) An immaterial allegation in a pleading is any of the following:

      (1) An allegation that is not essential to the statement of a claim or defense.

      (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense.

      (3) A demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint.

      (c) An “immaterial allegation” means “irrelevant matter” as that term is used in Section 436.

      (Amended by Stats. 1986, Ch. 540, Sec. 2.)

      431.20. (a) Every material

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