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Sample Demurrer To Defendants Answer

This document is a declaration of a demurring party in support of an automatic extension. It states that the demurring party was served a complaint or other pleading and intends to file a demurrer. It also states that the party was unable to meet and confer with the opposing party at least 5 days before the response was due. By filing this declaration, the demurring party is entitled to a 30 day automatic extension to file a responsive pleading.

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Robert Kahn
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560 views1 page

Sample Demurrer To Defendants Answer

This document is a declaration of a demurring party in support of an automatic extension. It states that the demurring party was served a complaint or other pleading and intends to file a demurrer. It also states that the party was unable to meet and confer with the opposing party at least 5 days before the response was due. By filing this declaration, the demurring party is entitled to a 30 day automatic extension to file a responsive pleading.

Uploaded by

Robert Kahn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CIV-141

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO. :

E-MAIL ADDRESS:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF


STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

CASE NUMBER:
DECLARATION OF DEMURRING PARTY
IN SUPPORT OF AUTOMATIC EXTENSION

(Name of demurring party): was served with

a complaint an amended complaint a cross-complaint

an answer other (specify):


in the above-titled action. A responsive pleading is due on (date):

DECLARATION

I intend to file a demurrer in this action. Before I can do so, I am required to meet and confer with the party who filed the pleading that I
am demurring to at least five days before the date when the responsive pleading is due. We have not been able to meet and confer. I
have not previously requested an automatic extension of time. Therefore, on timely filing and serving a declaration that meets the
requirements of Code of Civil Procedure section 430.41, I am entitled to an automatic 30-day extension of time within which to file a
responsive pleading.

I made a good faith attempt to meet and confer with the party who filed the pleading at least five days before the date the
responsive pleading was due. I was unable to meet with that party because:
(The reasons why the parties could not meet and confer are set forth):
below on form MC-031, Attached Declaration

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

(NAME OF PARTY OR ATTORNEY FOR PARTY) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

Page 1 of 1

Form Approved for Optional Use Code of Civil Procedure,


Judicial Council of California
DECLARATION OF DEMURRING PARTY § 430.41(a)(2)
CIV-141 [New January 1, 2017] www.courts.ca.gov
IN SUPPORT OF AUTOMATIC EXTENSION
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