Can a Defendant file notice of Demurrer and Demure to Plaintiffs . . . After entry of default the ONLY thing the defendant can file is a Motion to Set Aside Default While you could file a motion to strike the pleading, I would simply oppose the demurrer with this fact, attaching the Request for Entry of Default showing it was entered
What happens at a Demurrer hearing? - Legal Answers - Avvo. com Are oral arguments required to be presented at Demurrer hearings, by either side? If a complaint, a demurrer, plaintiff's opposition to demurrer and defendant's reply to Plaintiff's opposition to demurrer have been filed and served, what will be required of the plaintiff at the demurrer hearing?
How do I (plantiff) answer to a demurrer? - Legal Answers - Avvo. com A demurrer essentially advises the court to examine the complaint to see if it states a cause of action and if it does not, then the complaint needs to be dismissed or amended, depending on the facts alleged and circumstances in the complaint and demurrer
Questions about filing demure to summons and complaint unlawful . . . Legal aid told me I should file demure, but they only handle answers When searching online for how to prepare one, it seems there are general and special demur's, and not really a set form Errors on face of complaint include the initial monthly rental amount, and also that the rental agreement was amended later to change the due date of my
What is the difference between a demurrer, motion to strike and a . . . A demurrer attacks the pleadings So, if the Plaintiff has not plead all elements of a certain cause of actions, or the Defendant cannot prove all elements of a certain defense, an individual may attack the pleadings by demurring to the appropriate pleading
Difference between Demurrer and Plea in Bar - Legal Answers - Avvo. com These topics are why there is a profession of litigators with rigorous instruction and testing standards I can boil down the difference between a special plea and a demurrer, however, there are several other concerns you must pay attention to such as the proper time to file responsive pleadings, which pleadings constitute "responsive pleadings," and the propriety of filing multiple redundant
Can the prosecution introduce surprise witnesses during a special . . . My public defender requested a special demure because the prosecution included date ranges that should've been excluded from the charges (September-November but they included December as well) Up to that point none of the witnesses had ever referenced December period
What happens after the Court sustains a demurrer without leave to amend . . . If the demurrer disposed of all causes of action against, you should be able to obtain a dismissal However, you need to immediately analyze whether your potential cross-complaint was compulsory for purposes of Code of Civil Procedure Section 426 10 and fo
Does an Entry of Default bar a Defendant from filing an Answer to a . . . Usually it has to do with service and the ability to respond- someone being out of the country and unable to see accept service, someone being excruciatingly ill (hospitalized or with in-home care), someone being incapacitated mentally or physically such that they were unable to appreciate or participate in the proceedings, things like that
If Im not happy with my current personal injury lawyer can I change . . . I fell due to uneven sidewalk pavement in 2015 As s result of the Falk I fractured my hip, demure bone and knee I had surgery done and now have a rod , 4 pins and metal hip socket I have a lawyer handling my case but up to now I have not met with my lawyer in person, all communication is through email maybe phone call now and then