Saturday, November 28, 2015

New Meet & Confer Rules For California Demurrer and some motions - CCP 430.41, 435.5, 439

[Update - - my short 2015 post about demurrers' new meet & confer rule needs to be updated, now to include other motions, also requiring meet & confer step effective January 1, 2018.
CCP § 435.5 covers motions to strike, and CCP § 439 judgments on the pleadings, both with the exceptions similar to ones previously secured for demurrers under 430.41 (unlawful detainer, incarcerated moving party) and adds two more exceptions (anti-SLAPP motions and a motion brought less than 30 days before trial).]

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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