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