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Opposition to demurrer to an Answer

Hi, I need a sample of an opposition to demurrer to an An meshuggah10/05/17
It's like any other opposition to a demurrer, except everyon guyingorillasuit10/05/17
Hi, Yes, they are jerks. I showed professional courtesy t meshuggah10/05/17
Please send me your throwaway email. I’ll see if I still ambulancechaser201310/05/17
[email protected] thank you! meshuggah10/05/17
@Ambulancechase The email you provided is keep on bouncin meshuggah10/05/17
If a demurrer means "failure to state a cause of action upon specv31310/05/17
California. Most affirmative defenses are pleaded in a terse ambulancechaser201310/05/17
So California is a fact pleading jurisdiction? As in, for ex specv31310/05/17
Fact pleading, though you don’t have to plead ultimate fac ambulancechaser201310/05/17
For a Statute of Limitations defense you do need to allege t ambulancechaser201310/05/17
I'd estimate 90% of answers are demurrable in CA. That being 2breedbares10/05/17
You MUST meet and confer after 2016 on a Demurrer. Not a mtn ambulancechaser201310/05/17
I got a letter, email I need to respond but didn't want to r meshuggah10/05/17
Guess that's a loser argument. They only get five days to fi 2breedbares10/05/17
Actually they have 10 days CCP + 5 because the answer was se meshuggah10/05/17
Right, it's 10, not 5. Either way it's a shorter time frame. 2breedbares10/05/17
This is why practicing law can be so burdensome. Now there's specv31310/05/17
meshuggah (Oct 5, 2017 - 2:34 am)

Hi,

I need a sample of an opposition to demurrer to an Answer. I would appreciate any link where I can see such sample.

Thank you.

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guyingorillasuit (Oct 5, 2017 - 3:04 am)

It's like any other opposition to a demurrer, except everyone knows people who demur to answers are jerks. I feel for you. They are probably demurring to your affirmative defenses. Trust me, the judges or pro tems who have to deal with these people are rolling their eyes.

For an example/template, google "barbieslapp opposition to demurrer to answer".

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meshuggah (Oct 5, 2017 - 3:15 am)

Hi,

Yes, they are jerks. I showed professional courtesy today and sent them the word files to the discovery I have propounded so they don't have to rewrite everything after they asked for it, and I get that!
Yes, they are demurring my affirmative defenses, what a circus.

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ambulancechaser2013 (Oct 5, 2017 - 8:55 am)

Please send me your throwaway email. I’ll see if I still have one. I actually Demurrered to an Answer and had my Demurrer sustained. [email protected]

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meshuggah (Oct 5, 2017 - 10:42 am)

[email protected]

thank you!

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meshuggah (Oct 5, 2017 - 5:20 pm)

@Ambulancechase

The email you provided is keep on bouncing back.

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specv313 (Oct 5, 2017 - 9:21 am)

If a demurrer means "failure to state a cause of action upon which relief can be granted," then how does one demurrer to an answer? The closest I could think would be, "failure to plead facts constituting an affirmative defense," - although I never exactly thought of affirmative defenses as having "elements" the same way, say, a claim for negligence or breach of contract does.

What weirdo jurisdiction is this?

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ambulancechaser2013 (Oct 5, 2017 - 10:06 am)

California. Most affirmative defenses are pleaded in a terse and conclosurly manner. The Civ Pro Pre Trial Rutter Guide says that’s a no no. I’ve had a Demurrer sustained on those grounds. That having been said, it’s a total waste of time.

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specv313 (Oct 5, 2017 - 10:56 am)

So California is a fact pleading jurisdiction? As in, for example, asserting the statute of limitations as an affirmative defense requires the pleader to also allege those facts which underly the defense. Does California allow an amendment to pleadings as of right when a demurrer is asserted?

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ambulancechaser2013 (Oct 5, 2017 - 11:10 am)

Fact pleading, though you don’t have to plead ultimate facts. You can amend a Complaint without leave of Court before an Answer is filed. After the FAC you need leave of Court.

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ambulancechaser2013 (Oct 5, 2017 - 11:12 am)

For a Statute of Limitations defense you do need to allege the exact statute you are pleading: whatever number it is for tort or contract actions otherwise that AD is not valid

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2breedbares (Oct 5, 2017 - 11:41 am)

I'd estimate 90% of answers are demurrable in CA. That being said, did OC meet and confer? You seem surprised by their motion. You can try arguing that the M&C requirements extend to demurrers to answers.

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ambulancechaser2013 (Oct 5, 2017 - 11:44 am)

You MUST meet and confer after 2016 on a Demurrer. Not a mtn to strike though. ca ccp.

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meshuggah (Oct 5, 2017 - 1:18 pm)

I got a letter, email I need to respond but didn't want to respond right away

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2breedbares (Oct 5, 2017 - 4:57 pm)

Guess that's a loser argument. They only get five days to file a demurrer to an answer so naturally they can't wait for you.

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meshuggah (Oct 5, 2017 - 5:20 pm)

Actually they have 10 days CCP + 5 because the answer was served by mail on 9/29/17

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2breedbares (Oct 5, 2017 - 5:49 pm)

Right, it's 10, not 5. Either way it's a shorter time frame. If I send a letter on that timeline I expect a response within two days at most. Need time to write and file.

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specv313 (Oct 5, 2017 - 6:10 pm)

This is why practicing law can be so burdensome. Now there's the obligation to "meet and confer" about deficiencies in a pleading prior to objecting with the court. Obviously this may have the positive effect of lowering the case load on the court system, but the procedural hoops still makes practicing that much more burdensome for the litigators.

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