![]() The three amendments to the complaint are not substantive changes (i.e., changes in material allegations). ![]() If a second demurrer can be heard, then, when can I take existing demurrer matter off calendar, without risk of default judgment, i.e. Given my pre-existing demurrer, if I file a demurrer to the amended complaint, will the judge regard it as being untimely? ![]() I believe that the amended complaint effectively mooted my existing demurrer. The five-day period to respond to the amended complaint has expired. But I didn't receive that amended complaint it was allegedly mailed to my post office box. There was an attached proof of service it indicated service by mail. Subsequently, when I checked the court case file, I discovered that plaintiff had filed an amended complaint. The court sustained my demurrer to complaint in a prior unlawful detainer lawsuit.
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