What is the Deadline for an Opposition to Demurrer in Los Angeles Superior Court?

Question from Bey, What is the Deadline for an Opposition to Demurrer in Los Angeles Superior Court?

Answer from AI:

When a defendant files a demurrer in the Los Angeles County Superior Court, the plaintiff must file an Opposition to the Demurrer within the time limits set by the California Code of Civil Procedure and the court’s local rules. Below is a plain‑language guide to the key deadlines and procedural steps.

Governing Rules

Source	What it says
California Code of Civil Procedure § 1005(b)	An opposition to a demurrer must be filed and served at least nine (9) days before the hearing date. If service is by first‑class mail, add five (5) days (total = 14 days before the hearing).
California Rules of Court, Rule 3.110	Mirrors § 1005(b) and requires the opposition to be accompanied by a memorandum of points and authorities.
Los Angeles County Superior Court Local Rule 3.3	Requires electronic filing (e‑fil) of all opposition papers unless a specific exemption applies.

Typical Timeline

1. Complaint served – The plaintiff files the complaint and serves the defendant.
2. Defendant files demurrer – Usually within 30 days of service (or 45 days if the defendant is a corporation). The filing date triggers the hearing schedule.
3. Court sets hearing date – The clerk will schedule a hearing, often 30–45 days after the demurrer is filed.
4. Opposition deadline –
   • 9 calendar days before the hearing (if the opposition is served electronically or in person).
   • 14 calendar days before the hearing if the opposition is served by first‑class mail (9 days + 5 days mailing time).
5. Service on the opposing party – The opposition must be served on the defendant at least 16 calendar days before the hearing when service is by mail, because the defendant also gets a 5‑day mailing period after receiving the opposition.

Bottom line: In most cases, you will need to file and serve your opposition at least nine days before the hearing (or fourteen days if you are mailing it). Check the exact hearing notice you receive, because the court may set a different deadline.

What the Opposition Must Contain

• Memorandum of Points and Authorities – A concise legal brief citing statutes, case law, and the complaint’s facts that show the demurrer is improper.
• Declarations or Affidavits – Any sworn statements that support the factual allegations.
• Proposed Order (optional) – A draft order the court can sign if it grants your opposition.

All documents must be uploaded through the e‑filing portal unless you have a court‑approved exemption.

Why Timeliness Matters

Missing the deadline can have serious consequences:

• The court may grant the demurrer automatically, which can result in dismissal of the entire complaint or of specific causes of action.
• Even if the court does not grant the demurrer, a late opposition may be struck from the record, weakening your position at the hearing.

Because the rules are strict and the consequences severe, it is wise to track the hearing date carefully and allow extra time for mailing or technical issues.

Practical Tips

• Mark the hearing date on your calendar as soon as you receive the demurrer notice.
• Count the days (including weekends and holidays) to ensure you meet the 9‑day (or 14‑day) deadline.
• Use the court’s e‑fil system to submit the opposition; it provides a timestamp that proves timely filing.
• Serve the opposition on the opposing counsel (or the defendant if they are pro se) using the method indicated in the hearing notice.

When to Seek Professional Help

The deadlines can vary slightly depending on:

• Whether the demurrer was filed by a corporation, a government entity, or an individual.
• Any continuances or stipulations agreed to by the parties.
• Specific local rules that may impose additional filing requirements.

If you are unsure about the exact deadline, the proper method of service, or how to craft a persuasive memorandum, consult a licensed California attorney. An attorney can also verify whether any extensions or waivers apply to your case.

For the most current rules, you can review:

• California Courts – Code of Civil Procedure § 1005(b) (official statutes)
• Los Angeles County Superior Court – Local Rules (Rule 3.3)

These resources provide the authoritative language governing opposition deadlines and filing procedures.