BILL NUMBER: SB 383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 9, 2015
	AMENDED IN SENATE  MAY 19, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 24, 2015

   An act to amend  Section 430.30   Sections
430.40 and 472  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, as specified.
 
   This bill would require a demurring party, before filing the
demurrer, to engage in a specified meet and confer process with the
party who filed the pleading demurred to for the purpose of
determining whether an agreement can be reached as to the filing of
an amended pleading that would resolve the objections to be raised in
the demurrer.  
   The bill would require the demurring party, in some circumstances,
to file a declaration under penalty of perjury. By expanding the
scope of the crime of perjury, this bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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 declaration, 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
 yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 430.40 of the   Code
of Civil Procedure   is amended to read: 
   430.40.  (a) A person against whom a complaint or cross-complaint
has been filed may, within 30 days after service of the complaint or
cross-complaint, demur to the complaint or cross-complaint.
   (b) A party who has filed a complaint or cross-complaint may,
within 10 days after service of the answer to  his 
 the  pleading, demur to the answer. 
   (c) Before filing a demurrer, the demurring party shall meet and
confer in person or by telephone with the party who filed the
pleading that is subject to demurrer for the purpose of determining
whether an agreement can be reached that would resolve the objections
to be raised in the demurrer. If an amended complaint,
cross-complaint, or answer is filed, the responding party shall meet
and confer again with the party who filed the amended pleading before
filing a demurrer to the amended pleading.  
   (1) As part of the meet and confer process, the demurring party
shall identify all of the specific paragraphs that it believes are
subject to demurrer and identify with legal support any causes of
action that are claimed to have not been sufficiently stated. The
party who filed the complaint, cross-complaint, or answer shall
provide legal support for its position that the pleading is legally
sufficient or, in the alternative, how the complaint,
cross-complaint, or answer could be amended to cure any legal
insufficiency.  
   (2) The parties shall meet and confer at least five days before
the date the responsive pleading is due. If the parties are not able
to meet and confer at least five days prior to the date the
responsive pleading is due, the demurring party may obtain a 30-day
extension of time within which to file a responsive pleading, by
filing and serving, on or before the date on which a demurrer would
be due, a declaration stating under penalty of perjury that a good
faith attempt to meet and confer was made and explaining the reasons
why the parties could not meet and confer. Any further extensions
shall be obtained by court order upon a showing of good cause. 

   (3) The demurring party shall file and serve with the demurrer a
declaration stating the means by which the demurring party met and
conferred with the party who filed the pleading subject to demurrer,
and that the parties did not reach an agreement as to amendment of
all challenged portions of the pleading.  
   (4) Any determination by the court that the meet and confer
process was insufficient shall not be grounds to overrule or sustain
a demurrer. However, the court may continue the hearing on the
demurrer and order the parties to meet and confer in compliance with
this subdivision.  
   (d) (1) A party demurring to a pleading that has been amended
after a demurrer to an earlier version of the pleading was sustained
shall not demur to any portion of the amended complaint,
cross-complaint, or answer on grounds that could have raised by
demurrer to the earlier version of the complaint, cross-complaint, or
answer.  
   (2) If a demurrer is overruled as to a cause of action and that
cause of action is not further amended, the demurring party preserves
its right to appeal after final judgment without filing a further
demurrer.  
   (e) If a court sustains a demurrer to one or more causes of action
and grants leave to amend, the court may order a conference of the
parties before an amended complaint or cross-complaint or a demurrer
to an amended complaint or cross-complaint, may be filed. If a
conference is held, the court shall not preclude a party from filing
a demurrer and the time to file a demurrer shall not begin until
after the conference has concluded. Nothing in this section prohibits
the court from ordering a conference on its own motion at any time
or prevents a party from requesting that the court order a conference
to be held. 
   SEC. 2   .    Section 472 of the  
Code of Civil Procedure   is amended to read: 
   472.  Any pleading may be amended once by the party of
course, and without costs,   A party may amend its
pleading once without leave of the court  at any time before the
answer or demurrer is filed, or after  a  demurrer
and before the trial of the issue of law thereon, by filing the same
as amended and serving a copy on the adverse party, and the time in
which the adverse party must respond thereto shall be computed from
the date of notice of the amendment.   is filed but
before the demurrer is heard if the amended complaint,
cross-complaint, or answer is filed and served no later than the date
for filing an opposition to the demurrer. The time for responding to
an amended pleading shall be computed from the date of filing of a
notice of the amended pleading. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  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) 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:
   (A) The parties are unable to meet and confer within the time
specified in Section 430.40 to file a responsive pleading.
   (B) The party seeking to file a demurrer files a declaration
stating that he or she made a good faith attempt to meet and confer
with the opposing party within the time specified in Section 430.40.
   (3) A court may grant an additional extension of time upon a
showing of good cause.