Amended in Senate May 19, 2015

Amended in Senate April 6, 2015

Senate Bill No. 383

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 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 begin delete declaration demonstrating good cause, end delete begin insert declaration, end insert 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.

begin insert

(2) Notwithstanding Section 430.40, the time to file a responsive
pleading shall be extended by 30 days if both of the following
conditions are met:

end insert begin delete

(2)

end delete begin insert

(A) The parties are unable to meet and confer within the time
specified in Section 430.40 to file a responsive pleading.

end insert

begin insert (B) end insert   begin delete A end delete begin insert The end insert party begin delete who is unable end delete begin insert seeking end insert to file a begin delete timely end delete demurrer
begin delete due to a failure to meet and confer may, within the time specified
in Section 430.40, file end delete begin insert files end insert a declaration stating that he or she
made begin insert a end insert good faith attempt to meet and confer with the opposing
party begin insert within the time specified in Section 430.40 end insert .

(3)  begin delete 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. end delete A court may grant
an additional extension of time upon a showing of good cause.