![]() ![]() ![]() ![]() § 430.41(a)(2).) Further extensions may also be available by court order upon a showing of good cause. § 430.41(a)(2).) The declaration must be made under penalty of perjury, and must be filed no later than the day the demurrer is due. If, after a good-faith attempt, the parties are unable to meet and confer prior to the demurrer deadline, the demurring party may obtain an automatic 30-day extension of time to file a responsive pleading by filing with the court a declaration explaining why the parties could not meet and confer by the deadline. The best practice may be to exchange letters or emails identifying the causes of action and legal authority, with a follow-up phone call to satisfy the in-person or telephone requirement. §430.41(a).) However, the level of specificity required from the demurring party (identifying each cause of action with legal authority) may not lend itself to a verbal conversation, especially if multiple causes of action are involved. It should be noted that the statute expressly requires the parties to meet and confer "in person or by telephone." (Code Civ. § 430.41(a)(1).) The opposing party must also provide legal support for the sufficiency of its pleading, or show how the pleading could be amended to cure any deficiency. During the meet-and-confer process, the demurring party must identify the specific causes of action it believes to be deficient and provide legal authority to back up its arguments. The main feature of the new law is a requirement that, at least five (5) days before a responsive pleading is due, the parties meet and confer to see if an agreement can be reached that would avoid the need for a demurrer. The bill enacts a new section of the Code of Civil Procedure, section 430.41, and amends section 472. Beginning January 1, 2016, parties will be required to meet and confer prior to filing a demurrer due to the recent passing of Senate Bill 383. ![]()
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