Saturday, November 28, 2015

New Rules For California Demurrer - CCP 430.41 added

Procedural steps in bringing demurrer and amending a complaint changed significantly with passing of Senate Bill 383.  CCP 430.41 is added, and CCP 472 and 472a are amended. There is now a requirement for the parties to meet and confer prior to filing a demurrer, and the party who brought the complaint has now more steps to watch for, if considering an amendment. For those who author the complaint, there is now a three-strike rule [CCP 430.41(e)(1)], after which additional facts have to offered to the court to overcome a presumption that no amendment would cure the defect.

New rules on demurrer do not apply to an unlawful detainer action--there is an express provision saying so in the new statute CCP 430.41(d)(2). But the complaint amendment rules may still apply, both 472 and 472a sections are silent on any exceptions.

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