File #: 16-172    Version: 1
Type: Form Proposal Status: Passed
File created: 8/23/2016 In control: Judicial Council
On agenda: 10/28/2016 Final action: 10/28/2016
Title: Forms: Declarations of Demurring Party Regarding Meet and Confer (Action Required)
Attachments: 1. 20161028-16-172

Title

Title

Forms: Declarations of Demurring Party Regarding Meet and Confer (Action Required)

 

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Summary

Summary

Senate Bill 383 (Stats. 2015, ch. 418) added to and amended statutes governing demurrers to pleadings. New Code of Civil Procedure section 430.41 requires a meet-and-confer session before a party can file a demurrer. The Civil and Small Claims Advisory Committee recommends two new optional forms to implement the meet-and-confer requirements that a demurring party must comply with before filing a demurrer, and to obtain an automatic 30-day extension of time to file a demurrer when the parties were unable to meet before the due date of the responsive pleading.

 

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2017, approve:

1.                     Declaration of Demurring Party Regarding Meet and Confer (form CIV-140); and

2.                     Declaration of Demurring Party in Support of Automatic Extension (form CIV-141).