BILL NUMBER: SB 383	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 24, 2015

   An act to amend Section 430.30 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 383, as amended, Wieckowski. Civil actions: objections to
pleadings.
   Under existing law, a party in a civil action may object to a
complaint, cross-complaint, or answer by demurrer if the ground for
the objection appears on the face of the pleading or is from a matter
of which the court must or may take judicial notice. If the ground
for the objection does not appear on the face of the pleading,
existing law permits the objection to be taken by answer. Existing
law permits a party objecting to a complaint or cross-complaint to
demur and answer at the same time. 
   This bill would make a technical, nonsubstantive change to these
provisions.  
   This bill would require a party to meet and confer with an
opposing party, as specified, before filing a demurrer. This bill
would permit a party who is unable to fulfill this requirement to
file a declaration with the court evidencing his or her good faith
attempt to meet and confer, and it would require the court, upon
receipt of a timely declaration demonstrating good cause, to grant a
30-day extension to the filing party to file a responsive pleading.
This bill would also permit a court to grant an additional extension
of time upon a showing of good cause. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 430.30 of the Code of Civil Procedure is
amended to read:
   430.30.  (a) If a ground for objection to a complaint,
cross-complaint, or answer appears on the face thereof, or from any
matter of which the court is required to or may take judicial notice,
the objection on that ground may be taken by a demurrer to the
pleading.
   (b) If a ground for objection to a complaint or cross-complaint
does not appear on the face of the pleading, the objection may be
taken by answer.
   (c) A party objecting to a complaint or cross-complaint may demur
and answer at the same time. 
   (d) (1) Before filing a demurrer, a party shall meet and confer,
in person or by telephone, with the opposing party who filed the
pleading subject to demurrer.  
   (2) A party who is unable to file a timely demurrer due to a
failure to meet and confer may, within the time specified in Section
430.40, file a declaration stating that he or she made good faith
attempt to meet and confer with the opposing party.  
   (3) Upon receipt of a timely declaration demonstrating good cause
pursuant to paragraph (2), a court shall grant the filing party a
30-day extension to file a responsive pleading. A court may grant an
additional extension of time upon a showing of good cause.