Law Practice,
Judges and Judiciary
Jan. 28, 2017
Demurrers in individual calendar court
Has new Code of Civil Procedure Section 430.41 worked to reduce the number of demurrers that require a decision by trial judges? The answer -- based on an analysis of motions heard in my courtroom last year -- is yes!
Stanley Mosk Courthouse
Richard L. Fruin
Judge
Los Angeles County Superior Court
Independent calendar
UC Berkeley Law School
Newly enacted Section 430.41of the Code of Civil Procedure requires that before filing a demurrer a defendant must meet and confer with the opposing counsel for the purpose of "determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The statute became effective Jan. 1, 2016. The California Judges Association lobbied the Legislature to adopt Section 430.41 as a means of reducing the number of demurrers that require work-up and decisio...
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