A demurrer to a complaint or cross-complaint must be filed within thirty (30) days of service of the complaint or cross-complaint. CCP § 430.40 (a).
A demurrer to an answer must be filed within ten (10) days of service of the answer. CCP § 430.40.
Where an unsuccessful demurrer challenged only certain causes of action, or the complaint was amended, or the time to amend expired, or the demurrer was sustained without leave to amend, defendant may demur, move to strike or otherwise plead to the remaining causes of action within 10 days. CRC 3.1320 (b) (amended eff 1/1/16).
The parties may stipulate without leave of court to one (1) extension of up to fifteen (15) days to respond to a complaint or cross-complaint. Govt. Code § 68616(b). The parties may stipulate without leave of court to one (1) fifteen (15) day extension beyond the thirty (30) day time period prescribed for the response after service of the initial complaint. CRC 3.110 (d) (renumbered eff 1/1/07).
The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in CRC 3.110 (b)-(d) (time to serve complaint, cross-complaint or response to initial complaint).
An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.
Although the demurrer was originally classified as a pleading, in contemporary practice it is treated as a motion. CRC 3.1320 directs that it should be noticed for hearing under the same rules that govern motions directing that party filing demurrer must set hearing date in accordance with CCP § 1005.
If service is by electronic means, the notice of hearing must specify a hearing date in accordance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule 2.251(h)(2).
A demurrer must be set for hearing "not more than thirty-five (35) days" following the filing of the demurrer, or "on the first date available to the court thereafter." CRC 3.1320(d) (amended eff 1/1/16)
If papers are served by personal service, service must be made at least 16 court days before the hearing. CCP § 1005 (b).
If service is made by mail, service must be made at least 16 courts days before the hearing, plus:
5 calendar days if both the place of mailing and the place of address are within California,
10 calendar days if either the place of mailing or the place of address is outside California but within the United States,
Extensions For Facsimile or Express Mail Service
NEW RULE AMENDMENTS EFFECTIVE FEBRUARY 26, 2024
The court now uses a Court Reservation System (CRS). Utilizing this system is mandatory in many civil courtrooms (see: CRS Participating Locations).
Motion filing and first paper fees will be collected when motion documents are submitted. If users modify a reservation date after the initial reservation is made, the CRS will assess and collect a $20 rescheduling fee.
Unless the court orders another time period, no later than 30 calendar days before the date set for the case management conference, counsel must meet and confer, in person or by telephone, to consider each of the issues identified in California Rules of Court, rules 3.724 and 3.727. LASC LR 3.25 (b)(1).
Before filing a demurrer the demurring party shall meet and confer with the party who filed the pleading to determine whether an agreement can be reached to resolve the objections. CCP § 430.41 (a).
If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.CCP § 430.41 (a).
As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies.CCP § 430.41 (a)(1).
A defendant may both demur to and answer a complaint. CCP § 430.30(c)
A demurrer to one or more causes of action in a complaint may be filed without answering the other causes of action in the complaint. CRC 3.1320(b) (amended eff 1/1/16)
The grounds for a demurrer must appear on the face of the pleading, including exhibits, to which the demurrer is directed, or constitute a matter of which the court can or must take judicial notice. CCP § 430.30(a).
The possible grounds for demurrer are:
the court lacks subject matter jurisdiction;
lack of capacity to sue by the party filing the pleading;
Caselaw authority holds that a general demurrer may lie where plaintiff has included allegations that clearly disclose some defense or bar to recovery, such as the statute of limitations.
Additional demurrer requirements can be found in CCP § 430.41.
There are three grounds on which to base a demurrer to an answer:
(a) failure to state facts sufficient to constitute a defense;
(b) uncertainty; and
Every ground of a demurrer must be in a separate paragraph and specify exactly to what part or parts of the pleading it applies. CRC 3.1320(a) (amended eff 1/1/16)
A demurrer must distinctly specify the grounds on which it is brought. CCP § 430.60
Where a demurrer is based on a matter of which the court may take judicial notice, such matter must be specified in the demurrer, or the demurrer's supporting points and authorities. CCP § 430.70.
Only general demurrers are allowed in limited civil cases. The grounds for special demurrer, if applicable, must be raised as affirmative defenses in the answer. CCP § 92(c).
The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar, and are contained in Appendix 3.A. LASC LR 3.26 (amended eff 7/1/11)
On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. CRC 2.111(4) (amended eff 1/1/17)
The first page of the motion or demurrer must specify, immediately below the number of the case, the date, time and location of the hearing and the name of the hearing judge, the title of any attached document other than an exhibit, the date the action was filed and the trial date. CRC 3.1110(b) (amended eff 1/1/17)
A demurrer must state, on the first page below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer. CRC 3.1320 (e) (amended eff 1/1/16).
Below the title of the court, in the space to the left of the center of the page, must appear the title of the case. In the title of the case on each initial complaint or cross-complaint, the name of each party must commence on a separate line beginning at the left margin of the page. On any subsequent pleading or paper, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. CRC 2.111(4) (amended eff 1/1/17)
Every motion must include a written notice of motion that sets forth when and where the motion will be presented, the grounds on which the motion will be made and the papers on which the motion is to be based. CCP § 1010; CRC 3.1112(a) (amended eff 7/1/08)
A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. CRC 3.1110(a) (amended eff 1/1/17)
Where a demurrer is based on a matter of which the court may take judicial notice, such matter must be specified in the demurrer, or the demurrer's supporting points and authorities. CCP § 430.70.
Every demurrer must include a written notice of hearing on the demurrer. CRC 3.1112 (a) (amended eff 7/1/08).
A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance with the provisions of CCP § 1005 (amended eff 1/1/23). CRC 3.1320 (e) (amended eff 1/1/16).
Motion papers must include "the motion itself." CRC 3.1112(a). A motion must identify the moving party and the party to whom it is addressed, briefly state the basis for the motion, the relief sought, and the specific portion of the pleading, if any, that is challenged. A motion may be combined with a notice of motion and/or memorandum of points and authorities. The caption should indicate whether it is a separate or combined document. CRC 3.1112(d) and (c) (amended eff 7/1/08).
Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted from this requirement under CRC 3.1114. CRC 3.1112(a) (amended eff 7/1/08), CRC 3.1113(a) (amended eff 1/1/17), CRC 3.1114(a) (amended 1/1/11)
To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. CRC 3.1113(j) (amended eff 1/1/17)
The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments relied on in support of the position advanced. CRC 3.1113(b) (amended eff 1/1/17)
Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of a motion may not exceed 15 pages, not including exhibits, declarations, attachments, tables of contents or authorities, or the proof of service. CRC 3.1113(d) (amended eff 1/1/17).
The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. CRC 3.1113(d) (amended eff 1/1/17).
Table of Contents
Case citations must include the official report volume and page number and year of decision. CRC 3.1113(c) (amended eff 1/1/17).
A judge may require that authority from outside California be lodged with the papers that cite the authority. CRC 3.1113(i) (amended eff 1/1/17).
If in paper form, the authority must be tabbed or separated as required by rule 3.1110(f)(3). If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). CRC 3.1113(i) (amended eff 1/1/17).
Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. The signer's address and telephone number must be included. With the exception of discovery papers, the signature constitutes certification pursuant to Code of Civil Procedure § 128.7. CCP § 128.7.
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers. No trial court shall enact or enforce any local rules concerning these fields and all such local rules are null and void unless otherwise permitted or required by a statute or California Rule of Court. CRC 3.20 (amended eff 1/1/15)
See Los Angeles County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
The ground(s) for a demurrer must appear on the face of the pleading (including exhibits) to which the demurrer is directed, or constitute a matter of which the court can or must take judicial notice. CCP § 430.30(a).
See Los Angeles County SmartRules™ procedural guide: REQUEST FOR JUDICIAL NOTICE.
A proposed order may be lodged and served with moving or opposition papers but must not be attached to them. CRC 3.1113(m) (amended eff 1/1/17)
The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in CRC 3.1312.
All fee documents exempt from mandatory electronic filing per LASC LR 3.4 (b) are to be filed at the filing window no later than 4:30 p.m. LASC LR 3.4 (d) (amended eff 1/1/20).
Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for some types of documents in other jurisdictions. For specific up to date information regarding the availability and requirement of electronic filing, and for information regarding traditional and facsimile filing procedures, See Los Angeles County SmartRules™ procedural guide: FILING DOCUMENTS.
Electronic Filing--Not Available At All Locations
Consult the filing clerk for the applicable court location to learn if electronic filing is available at that location.
The Los Angeles County Fee Schedule is online.
Proof of service of moving papers must be filed no later than 5 court days before the hearing date. CRC 3.1300(c) (amended eff 1/1/16)
As used in the California Rules of Court, "proof of service" means a declaration stating that service has been made as provided in the California Rules of Court. If the proof of service names attorneys for separately represented parties, it must also state which party or parties each of the attorneys served is representing. CRC 1.21(c) (amended eff 1/1/07)
A copy of the document must be served on the attorney for each party separately represented, and on each self-represented party. CRC 1.21(b).
On Attorney of Represented Party
Parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through a designated electronic filing service provider. CRC 2.251 (f)(1) (amended eff 1/1/22).
Traditional Service Required for Nonparty
A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order. CRC 2.251 (f)(2) (amended eff 1/1/22).
The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar, and are contained in Appendix 3.A. LASC LR 3.26 (amended eff 7/1/11).
A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise. The court must rule on the motion as if the party had appeared. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. CRC 3.1304(c) & (d) (amended eff 1/1/16)
Matter Not To Be Heard
The moving party must immediately notify the court if a matter will not be heard on the scheduled date. CRC 3.1304(b) (amended eff 1/1/16)
If one party to a demurrer fails to appear, the demurrer must be disposed of on the merits, unless the court, in its discretion, continues the matter. Failure to appear for a special demurrer may be construed by the court as an admission that the demurrer is not meritorious. If neither party appears, the court may dispose of the matter, drop it from the calendar, or continue it. CRC 3.1320(f) (amended eff 1/1/16)
Some departments post Tentative Rulings. These can be accessed online.
Los Angeles Superior Court encourages remote appearances through LACourtConnect. LACourtConnect User Guide, p. 7. See the court's Remote Appearance page. See Los Angeles County SmartRules™ procedural guide: REQUEST FOR REMOTE APPEARANCE.
Telephonic appearance for civil hearings is generally allowed. CRC 3.670 (a) & (c).
CRC 3.670 subparagraphs (c) through (i) are suspended until January 1, 2026. CRC 3.672 applies in their place. CRC 3.670 (b).
Circumstances under which in-person appearances are required can be found at CRC 3.672 (d).
Parties may choose to appear in person. CRC 3.672 (j)(1).
See Los Angeles County SmartRules™ procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING.
If the demurrer is sustained, the judge must specify the grounds upon which the ruling is based which may be by reference to the appropriate pages and paragraphs of the demurrer. CCP § 472d.
In granting leave to amend the complaint, the court may impose "any terms as may be just." CCP § 472a (c) (amended eff 1/1/21).
Where an unsuccessful demurrer challenged only certain causes of action, or the complaint was amended, or the time to amend expired, or the demurrer was sustained without leave to amend, defendant may demur, move to strike or otherwise plead to the remaining causes of action within ten (10) days. CRC 3.1320(b) (amended eff 1/1/16)
The time to answer or amend runs from the date of service of notice of the court's ruling, unless notice is waived in open court and the waiver is entered in the minutes. CCP § 472b
Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted. CRC 3.1320(g) (amended eff 1/1/16)
Where a party fails to file an amended pleading as ordered by the court, a motion to dismiss the entire action may be brought by ex parte application pursuant to CCP § 581(f)(2). CRC 3.1320(h) (amended eff 1/1/16)
Motion to Strike Late Filed Amended Pleading
If an amended pleading is filed after the time allowed, an order striking the amended pleading must be obtained by noticed motion CCP § 1010. CRC 3.1320(i) (amended eff 1/1/16)
Defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action following:
(1) The overruling of the demurrer;
(2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or
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