I'm a pro per plaintiff in California in an unlimited civil action. The defendant demurred to both causes of action in my complaint. The defendant also brought a motion to strike one paragraph containing allegations supporting punitive damages and the line in the prayer seeking punitive damages.
The judge took the matter under submission and the clerk sent out a file-stamped copy of his written order the next day. The order stated "The demurrer to 1st and 2nd second causes of action is overruled on all grounds. The motion to strike portions of the complaint is granted with 20 days leave to amend."
Questions:
1) Is the "20 days leave to amend" simply for me to eliminate the stricken language or do I have an opportunity to provide additional facts supporting the punitive damages allegations?
2) Is the defendant required to answer the unstricken portions of the complaint within 10 days following the overruling of his demurrer (after CRC 325(e)) or is it understood that he won't need to answer until after I amend?
3) If he won't need to answer until I amend, does his length of time to answer depend on whether I add new allegations or eliminate the stricken portions -- i.e., can I get a faster response from him by not attempting to add new allegations?
Thanks in advance,
Molly
The judge took the matter under submission and the clerk sent out a file-stamped copy of his written order the next day. The order stated "The demurrer to 1st and 2nd second causes of action is overruled on all grounds. The motion to strike portions of the complaint is granted with 20 days leave to amend."
Questions:
1) Is the "20 days leave to amend" simply for me to eliminate the stricken language or do I have an opportunity to provide additional facts supporting the punitive damages allegations?
2) Is the defendant required to answer the unstricken portions of the complaint within 10 days following the overruling of his demurrer (after CRC 325(e)) or is it understood that he won't need to answer until after I amend?
3) If he won't need to answer until I amend, does his length of time to answer depend on whether I add new allegations or eliminate the stricken portions -- i.e., can I get a faster response from him by not attempting to add new allegations?
Thanks in advance,
Molly
Last edited: