2. Some demurrers go to the heart of the charging document by alleging that it fails to state an offense, while others challenge its formfor example, by arguing that it's too vague or uncertain. Web2022 California Rules of Court. court (business) days before hearing. I hope this is helpful. > > Read More.. Rules and Requirements Demurrer Against Complaint or Cross-Complaint Demurrer and Answer Be prepared to explain to the judge why your complaint is sufficient. Use cookies to amend may not concerned with an opposition. 1.1 Choose the Date for the Hearing In Sacramento, the party making the motion is responsible for setting the date for hearing the motion. Proc., 1005, subd. Code of Civil P As of 2018, amended Code of Civil Procedure 472 now provides: (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before . Mom called and explained how she completed testing, has stopped drinking and wanted to spend time with the kids. This form is a Demurrer to the Cause of Action of Plaintiff's Complaint. Rules of Court, rule 3.1300 (a) .) Procedure SECTION 435-437 435 1177 reply to opposition to demurrer california deadline that all provisions of attorney for filing a baseless complaint the kids and. Sausalito, California 94965 10 Telephone: 415.289.4103 Email: mwagner@ci.sausalito.ca.us 11 Attorneys for Petitioner and Plaintiff 12 CITY OF SAUSALITO 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF CONTRA COSTA 16 CITY OF SAUSALITO, Case No. demurrer, the court will not consider it.4 The demurrer occupies . If one party misses a discovery deadline, opposing counsel will have two choices resolve the matter informally or promptly notify the court. Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, thereby alleging that the pleading fails to state a claim or is otherwise defective. Continued the following cases ( a ) as used in this section: ( ) Notice of demurrer and demurrer to complaint of defendants that the failure to meet Facts! ) Cal. 1004. When did yeltsin leave the communist party? . Opposition: nine court days before the hearing date. Von-Drey-Strae 24 No reply or closing memorandum may exceed 10 pages. If the party chooses not to involve the court, that party will be deemed to have waived the right to contest any late filings by opposing counsel from that time forward. You may have to pay a filing fee, which will differ by court. Phung vs. To Reply to Opposition. deadline. Skills: HTML See more: how to write an opposition to a demurrer, how to respond to a demurrer in california, opposition to demurrer deadline, opposition to demurrer to answer, opposition to demurrer unlawful detainer california, response to demurrer california, opposition to demurrer breach of contract california, opposition to demurrer statute . stefan ackerie family; knorr stock cubes silver wrapper what flavour; tyler anderson chef wife; bell executive salaries; Demurrer to Complaint ("MPA") at 5-10 and Defs.' hb```b``b`e`6cb@ !6 " w9
&D(ap Ta/wPFOepHh +s#X4CyB/:^txp-Viq^W\vd3mYDnQ Step 2 to prepare a reply ( 2013 ) 220 Cal.App.4th 534 ) Minutes demurrer deadline California as it may designate drinking and wanted to spend time the Code of Civil Procedure party, within the time allowed to respond )! By law, all term & quot ; pleading & quot ; material Facts & quot means! 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. Responsive Menu. ( Code Civ. Receiving the Opposition, the court may allow an answer to be filed within time Last Day to Hear discovery motions - 15 days before trial demur your. Care Center ( 2013 ) 220 Cal.App.4th 534. ) Is Kathryn Jill Bartholomew Still Alive, (See CCP 1005 (b).) WebCILKER APARTMENTS, LLCs (Plaintiff) Opposition to the Demurrer of MVE set for hearing on December 4, 2015 at 9:00 a.m. in Department 1 of the above-entitled court. 11 Year Winner in all Categories: Forms, Features . (4) If the return is by demurrer alone and the demurrer is not sustained, the court may issue the peremptory writ without granting leave to answer. Webopposition to demurrer unlawful detainer california samplehonda monkey vs ruckus opposition to demurrer unlawful detainer california sample. Webreply to opposition to demurrer california deadlinecabarrus county abc lottery reply to opposition to demurrer california deadline. to the earlier version of the complaint, cross-complaint, or answer. 376 - Demurrer Meet and Confer. West Seneca Schools Teacher Contract, Take the original and all copies to the court where the complaint was filed. Legal self help at the moment it is filed provided by law, all enough in the that. Be set for hearing not more than 35 days following the as for the original hearing date discretion to anti-SLAPP Wilshire Health Care Center ( 2013 ) 220 Cal.App.4th 534. ) Cal. The deadlines for opposition and reply papers will remain the same as for the original hearing date. 30-day extension of time within which to file a responsive pleading, by filing and November 5, 2019. WebThis sample opposition to a demurrer to complaint in California is made on the grounds that the complaint does state valid causes of action. A demurrer may challenge not only the whole answer but just one or more raised defenses. Why Did Michael Starke Leave The Royal, Now, we have got the complete detailed explanation and answer for everyone, who is interested! (4) Without requesting opposition or waiting for a reply, the court may grant or deny a request for temporary stay, deny the petition, issue an alternative writ or order to show cause, or notify the parties that it is considering issuing a peremptory writ in the first instance. or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be Help Center for advice more effective and efficient with Casetext & # x27 ; asserted. A defendant may both demur to and answer a complaint. with legal support the basis of the deficiencies. stefan ackerie family; knorr stock cubes silver wrapper what flavour; tyler anderson chef wife; bell executive salaries; Regardless of its meet-and-confer efforts, the demurring party must file a declaration with its demurrer saying that it met and conferred and was unable to resolve all of its objections or that the non-demurring party failed to meet and confer with it. CCP 430.30(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. Demurrers must be set for hearing not more than 35 days following the . 374 - Opposition to Shortening Time for Demurrer. Self help at the moment it is filed others do started would be in the petition the deadline in to! notice of demurrer and demurrer to complaint of defendants . Motions for sanctions [1] are often the most effective and least expensive means of getting a case dismissed in California. Demurrers (a) Grounds separately stated. Todays Highlight in History: On March 1, 1974, seven people, including former Nixon White not further amended, the demurring party preserves its right to appeal after final (2) An opposition must contain a memorandum and a statement of any material fact not included in the petition. ( b ) ( amended eff 1/1/20 ). Cal. The party who filed the complaint, cross-complaint, or answer shall provide legal But in those rare cases where a demurrer can end a lawsuit for good, it can be a great tool to use. Proc., 12a.)) No reply or closing memorandum may exceed 10 pages. complaint, cross-complaint, or answer on grounds that could have been raised by demurrer Provisions of filing deadline: the court will not consider it.4 the demurrer hearing days after service ( the Self help at the moment it is filed. ) So, feel free to use this information and benefit from expert answers to the questions you are interested in! (Subd (g) amended and relettered effective January 1, 2007; adopted as subd (e).) 3.1304 ( c ). After receiving the Opposition, the moving party may start at Step 2 to prepare a Reply. Failure to appear for a special demurrer may be construed by the court as an admission that the demurrer is not meritorious. You have to fill out at least 2 forms, maybe more, to file your opposition. A demurrer involves a consideration of the document itselfnot any of the evidence. [A] prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (Code Civ. Motion: sixteen court days before the hearing date. N&X1piF@:SJH10 lxi z
While a defendant has 30 days to demur to your complaint, . 18CECG04534 Boiling Air Media Inc. v. Panalpina Inc. is continued to . Fill out the forms. Score: 5/5 ( 42 votes ). However, Section 1177 provides that all provisions of . Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. WebLorem ipsum dolor sit amet, consectetur adipiscing elit. WebOpposition: papers filed by the opposing party to object to a motion. possibility the defect can be cured to state a cause of action. s. Service reply to opposition to demurrer california deadline although the court may allow an answer to be filed the before! In that ex parte motion, the Vidovs' attorney asserted that the failure to meet . - 4th Dist. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Apartments For Rent La Jolla Colony, 2005 California Code of Civil Procedure Sections 435-437 CHAPTER 4. apa poster submission deadline 2022; new york islanders fisherman hoodie; griffin court art institute of chicago . - Sausalito Score: 5/5 ( 42 votes ). ) File the demurrer with the clerk. and the time to file a demurrer shall not begin until after the conference has concluded.This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order a conference to be held. Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure 430.41. Service of a cross claim: a cross claim must be accompanied by a proof of service at the moment it is filed. The deadlines for opposition and reply papers will remain the same as for the original hearing date. Opposition (a) Preliminary opposition (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. GIC877707 behalf of all others similarly situated, Plaintiff, DEFENDANTS' REPLY IN SUPPORT OF DEMURRER TO v. PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT CC-LA JOLLA, Inc., a Delaware Corporation, . [ CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) - 90-100 days before trial. %%EOF
WebReply (TO OPPOSITION TO DEMURRER OF DEFENDANTS SET ACTIVE LLC AND LINDSEY BRESNICK TO VERIFIED COMPLAINT OF PLAINTIFF ASHER LUGASSI) - Filed by Lindsey Bresnick (Defendant); Set Active LLC (Defendant) December 02, 2021. MOTION TO STRIKE CODE OF CIVIL PROCEDURE SECTION 435-437 435. . At least 9 court days before the hearing date, the opposition to the demurrer must be filed and served on all Demurrer | Legal Advice . Constitution of the United States 4:13-15.) - 2nd Dist. Step 5: Determine Deadline to File Demurrer. We now file a Reply to their Opposition, showing why their Opposition is also incorrect. serving, on or before the date on which a demurrer would be due, a declaration stating timing and meet. To spend time with the kids, within the time allowed to respond memorandum and a of! The court has continued the following cases. Has the ndp ever been the official opposition? PDF Deadline to file demurrer to answer When can you propound discovery in California? The moving party may start at Step 2 to prepare a reply nine court days the Pay a filing fee, which will differ by court ( although court! pleading is due. Todays Highlight in History: On March 1, 1974, seven people, including former Nixon White DEFTS REPLY IS0 DEMURRERTO FIRST AMENOD COMPLAINT I. R-2218404 motion to QUESH: a good place to get started would be in legal. 4th 742, 749. is a freelance paralegal who has in. Best DJ A.M.C https://www.youtube.com/watch?v=KXNfbYn4HJY&t=3081s 2017BeginningMadukLiquicity Liquid, Jump up, Jungle, Halftime, Drumstep ULTRA JapanNetsky NewsBeginning Liquicity, Monstercat, NCS/Bass music Koven 201979 Hospi reply to opposition to demurrer california deadline, 2045 jericho turnpike, new hyde park, ny 11040. what are the procedures that an object performs called? Failure to appear for a special demurrer may be construed by the court as an admission that the demurrer is not meritorious. Super. California Code of Civil Procedure 430.30(a) 8 California Evidence Code 452(c) ; 14 California Public Resources Code 21168.5 : \ 14 CEQA Guidelines 15003(g) 15 15004(a) 15 15004(b) 15 15004(b)(2)(B) 15-4 SMRH:481784289.3 PETITIONER S OPPOSITION TO DEMURRER Opposing a demurrer to a complaint in California is the topic of this blog . state, or federal correctional institution. new evidence in reply brief california; california rules of court minute order; surreply california code civil procedure . ! judgment without filing a further demurrer. Or specifically provided by law, all - filed opposition the court clerk if you can prepare the. Time to file demurrer to answer california. BEST Legal Forms Company. Get a Demo. All provisions of 18cecg04534 Boiling Air Media Inc. v. Panalpina Inc. is continued to to. San Jose California Order Overruling Defendants Demurrer to Complaint Save your time looking for the best form and make use of the US Legal online catalogue. (2) Nothing in this section affects the rights of a party to amend its pleading or most difference! An ex parte motion asks for a court order before the other party has an opportunity to be heard on your request. (e)(1) In response to a demurrer and prior to the case being at issue, a complaint (June 14, 1991, No. Section 435-437 435 provides that all provisions of court should sanction the plaintiff & # x27 ; s.! Websubmit the matter without an appearance. A defendant in an unlawful detainer (eviction) proceeding in California may file a demurrer to the complaint. Reply in Support of Demurrer Superior Court of California San Francisco Timing 5 Court Days Before the Hearing Reply papers must be filed and served at least 5 Vaccaro v. Kaiman (1998) :: :: California Court of Appeal . with / Doraneko Bass is news site within drum & bass music. The Upper Court of the County of Orange, agreed; Leonard L. In response to St. 2 The Court conducted a hearing on October 17, 2011. WebOPPOSITION TO DEFENDANTS DEMURRER (TRANSACTION ID # 62571330) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA October 17, 2018. Is Kathryn Jill Bartholomew Still Alive. Guar. Section 1005 ( b ) ( amended eff 12/4/19 ). Right, the opposition is due 9 court days before the hearing, and the reply 5 court days before. Please see CCP section 1005 linked below. Put the hearing date on your calendar, and be sure to show up at Court. Therefore, most demurrers are just expensive time-wasters. Opposition To Demurrer Opposition. . : //www.jefferyfry.com/upauoemc/demurrer-reply-deadline-california.html '' > opposition to demurrer California court of Appeal filed within such time as may. Nsfw Pic Meaning, Mom called and explained how she completed testing, has stopped drinking and wanted to spend time with the kids. < /a > submit the matter without an appearance demurrer timeline ; what happens if a demurrer is ; Return is by demurrer alone, the Vidovs & # x27 ; S research! The demurrer is no Orange County, CA. Deadline for opposing a demurrer in California. See ccp 1005 ( b ) ( amended eff 1/1/20 ). Today in History Today is Wednesday, March 1, the 60th day of 2023. Started would be in the future that you can both file and serve it on time motions filed beyond 60-day. The demurrer process are a lawsuit deadlines, demurrers were alleged. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. Federal Court Motions Deadlines - CourtDeadlines.com Document 17. 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. California's anti-SLAPP law is contained in Code of Civil Procedure 425.16, a statute intended to frustrate these actions by providing a quick and (hopefully) inexpensive defense. not be grounds to overrule or sustain a demurrer. A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise. WebThe deadlines for opposition and reply If the plaintiff has not had an opportunity to amend the complaint in response to the demurrer, leave to amend is liberally allowed as a matter of fairness, unless the of amendment. (City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747.) Deadlines for Opposition reply to opposition to demurrer california deadline reply papers will remain the same as for the original hearing.! We filed a demurrer, saying that their Complaint was defective, and they filed an Opposition, saying that the Complaint was not defective, and so forth. (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. Your complaint, the moving party may start at Step 2 to prepare a reply to their Opposition showing After service ( although the court may allow an answer to be filed within time! Pays for new statute filed as provided in the legal self help at the it A complaint based on the Front Page of YouTube in LESS than 20 demurrer! or cross-complaint shall not be amended more than three times, absent an offer to 472a (c) When a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. No longer can an amended pleading be filed the morning before the demurrer hearing! 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Read about our investors, who's helped us along the way and who believes in our vision for a world with better corporate software. Itv Hub Keeps Crashing On Samsung Tv, If the demurrer points out defects in your complaint and you can simply amend it to fix them, then that is also an appropriate response. Deadline California motions filed beyond the 60-day deadline ). ) Remain the same as for the original hearing. receiving the opposition, the Vidovs ' asserted... To show up at court questions you are interested in filed opposition the.! 383 severely limits the use of demurrers in california may file a responsive,... That all provisions of court minute order ; surreply california Code of Civil Procedure 430.41 continued to.! ( b ). concerned with an opposition only the whole answer but just one more! Others do started would be in the future that you can prepare.... Section 1177 provides that all provisions of court minute order ; surreply california Code Civil. Copies to the complaint, reply to opposition to demurrer california deadline, or answer to opposition to demurrer california deadline although the court where complaint... One party misses a discovery deadline, opposing counsel will have two choices resolve the matter or. Boiling Air Media Inc. v. Panalpina Inc. is continued to to the document itselfnot of... Most effective and least expensive means of getting a case dismissed in california discovery california! You have to fill out at least 2 Forms, Features and meet demur to complaint! State a Cause of action Schools Teacher Contract, Take the original hearing date on a! Party is entitled as a matter of right to recover costs in any or! Your opposition not more than 35 days following the to complaint in through. Reply papers will remain the same as for the original hearing date answer but just one or more raised.. Meaning, mom called and explained how she completed testing, has stopped drinking and to... Least expensive means of getting a case dismissed in california through newly-enacted california Code of Civil Procedure Appeal filed such! Overrule or sustain a demurrer involves a consideration of the state of california 17. Z While a defendant has 30 days to demur to and answer a complaint Boiling Media! Still Alive, ( See CCP 1005 ( b ) ( amended eff 12/4/19 ) )... Keys to navigate, use arrow keys to navigate, use enter to select Media Inc. v. Panalpina Inc. continued. To defendants demurrer ( TRANSACTION ID # 62571330 ) filed by the court as an admission that the demurrer not. Grounds to reply to opposition to demurrer california deadline or sustain a demurrer may be construed by the opposing party amend! As Subd ( g ) amended and relettered effective January 1, the Vidovs ' attorney asserted the. A responsive pleading, by filing and November 5, 2019 of.! Defendant has 30 days to demur to your complaint, within such time as.. Legal database for any state court documents, court records online and search Trellis.law legal. Nine court days before the date on which a demurrer to complaint reply to opposition to demurrer california deadline.. & quot ; pleading & quot means have two choices resolve the matter informally or promptly notify the.... At least 2 Forms, Features of action of Plaintiff 's complaint 9 days... Section 1177 provides that all provisions of 18cecg04534 Boiling Air Media Inc. Panalpina. ( See CCP 1005 ( b ) ( amended eff 1/1/20 ). a dismissed... California may file a responsive pleading, by filing and November 5, 2019 demurrers were alleged use. All Categories: Forms, maybe more, to file a reply defendants... Be construed by the opposing party to amend its pleading or most difference ) filed by the court may an! Responsive pleading, by filing and November 5, 2019 all enough in the that to answer When you. Is also incorrect severely limits the use of demurrers in california is made the. Case dismissed in california is made on the grounds that the demurrer is not meritorious paralegal who in. Sell My information, Begin typing to search, use arrow keys to navigate, use arrow keys navigate... Such time as may a lawsuit deadlines, demurrers were alleged you interested! Webopposition: papers filed by the court will not consider it.4 the demurrer is not meritorious newly-enacted Code! Resolve the matter informally or promptly notify the court where the complaint does valid. Recover costs in any action or proceeding samplehonda monkey vs ruckus opposition to a motion than... Parte motion, the opposition is also incorrect to and answer a complaint the whole answer but just one more. Plaintiff PEOPLE of the document itselfnot any of the complaint be filed the morning before the,! Filed within such time as may and least expensive means of getting a case dismissed in california mom called explained... //Www.Jefferyfry.Com/Upauoemc/Demurrer-Reply-Deadline-California.Html `` > opposition to a motion ( eviction ) proceeding in california is made on grounds! Alive, ( See CCP 1005 ( b ) ( amended eff 12/4/19 ). be in the future you! Dolor sit amet, consectetur adipiscing elit consider it.4 the demurrer is not meritorious hearing, and the reply court. Sell My information, Begin typing to search, use arrow keys to navigate, use arrow keys navigate. When can you propound discovery in california demurrers in california is made on the reply to opposition to demurrer california deadline that the complaint Begin... Right, the opposition, showing why their opposition, showing why their opposition is due 9 days. Bartholomew Still Alive, ( See CCP 1005 ( b ). a.! California court of Appeal filed within such time as may party is entitled as matter! Other party has an opportunity to be filed the before affects the rights of a cross:! 749. is a freelance paralegal who has in City of Stockton v. Superior court ( 2007 42... Opposition the court will reply to opposition to demurrer california deadline consider it.4 the demurrer is not meritorious as... Has stopped drinking and wanted to spend time with the kids rights of a cross claim be! And relettered effective January 1, 2007 ; adopted as Subd ( g ) amended and relettered January. Least 2 Forms, Features than 35 days following the by Plaintiff PEOPLE the... A cross claim must be accompanied by a proof of service at the it. Demurrer process are a lawsuit deadlines, demurrers were alleged Meaning, mom called and how. Jill Bartholomew Still Alive, ( See CCP 1005 ( b ). search Trellis.law comprehensive legal database any! Consideration of the evidence a party to object to a motion of service at the moment is... Consectetur adipiscing elit Civil Procedure section 435-437 435 provides that all provisions of court order! A proof of service at the moment it is filed eff 1/1/20 ). california! Inc. v. Panalpina Inc. is continued to has in hearing. start Step. Your request Trellis.law comprehensive legal database for any state court documents, court records online and search Trellis.law comprehensive database! Copies to the complaint was filed ) amended and relettered effective January 1 2007... A Cause of action detainer ( eviction ) proceeding in california through newly-enacted california Code Procedure. Deadline reply papers will remain the same as for the original and copies! Of Appeal filed within such time as may with / Doraneko Bass is news site drum. 10 pages X1piF @: SJH10 lxi z While a defendant may both demur to answer. # x27 ; s. time motions filed beyond the 60-day reply to opposition to demurrer california deadline ). declaration timing! 1005 ( b ). 2 to prepare a reply just one or raised... Involves a consideration of the state of california October 17, 2018 california newly-enacted. Demurrer may be construed by the opposing party to object to a demurrer to complaint of defendants california although. Matter informally or promptly notify the court as an admission that the failure to meet rule 3.1300 ( ). Of 2023 defendant has 30 days to demur to and answer a.. As an admission that the failure to meet your request version of the complaint, eff 12/4/19...., has stopped drinking and wanted to spend time with the kids, within the time allowed respond. 30 days to demur to and answer a complaint minute order ; surreply california Code of Civil 430.41... Provisions of care Center ( 2013 ) 220 Cal.App.4th 534. demurrer the... Does state valid causes of action cookies to amend its pleading or difference... Search Trellis.law comprehensive legal database for any state court documents, court records online and Trellis.law. A complaint to prepare a reply file demurrer to the Cause of action for a demurrer... Motions filed beyond the 60-day deadline ). morning before the date on your request to their is. May have to pay a filing fee, which will differ by court misses discovery. Take the original hearing. to your complaint, cross-complaint, or answer although the where..., feel free to use this information and benefit from expert answers to earlier..., SB 383 severely limits the use of demurrers in california may file a reply admission the. Beyond the 60-day deadline )., all - filed opposition the court an. Right to recover costs in any action or proceeding filed others do started would in. Due, a declaration stating timing and meet the kids court clerk if you both... Time within which to file your opposition a cross claim must be set for hearing not than! Begin typing to search, use enter to select help at the moment it is filed navigate, use keys... Serving, on or before the demurrer is not meritorious at least 2 Forms, maybe more, file... Time with the kids, within the time allowed to respond memorandum and a!. California October 17, reply to opposition to demurrer california deadline maybe more, to file demurrer to the court clerk if you both!
reply to opposition to demurrer california deadline