CCP 430.41 requires the demurring party to meet and confer in person, by telephone, or by video conference at least five days before the responsive pleading is due. The discussion should identify the particular causes of action and legal defects and address whether amendment can resolve them. Written correspondence can document the effort, but should not replace the required form of conference.
Documents and facts to assemble
- The identified causes of action and supporting legal analysis
- A dated record of the conference or good-faith efforts
How this fits an injury lawsuit
An answer and a demurrer perform different jobs in an injury case. An answer responds to the allegations and asserts defenses; a demurrer challenges whether the pleading is legally sufficient. A motion to strike may target particular allegations or requested relief. These documents should be evaluated against the actual complaint and service record, rather than treated as interchangeable forms. A pending settlement discussion is not a reliable substitute for a filed response or a valid extension. Once the court rules on a pleading challenge, the next deadline must be taken from the ruling and the governing rule.
Practical checklist
- Read the complaint, summons, proof of service, and every extension before calculating the response date.
- Identify the precise pleading defect or defense instead of using a generic list.
- Keep the filed response, service proof, hearing notice, and any order governing amendment or answer.
Deadline and local-rule check
Identify the event that starts the deadline, whether the rule uses calendar days or court days, the legally effective service method, and any written extension or court order. Read the applicable statute before adding time for service. Check the county’s current civil rules and the assigned department’s instructions for filing, delivery, reservation, and appearance requirements. A filing receipt or hearing reservation alone does not show that every required step has been completed.
Official forms and authorities
- CCP 430.40: demurrer timing
- CCP 430.41: demurrer meet and confer
- CCP 435.5: motion to strike meet and confer
- Rule 3.1320: demurrers
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
