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Can Court order defendant not to demur?

Discussion in 'Civil Court, Procedure & Litigation' started by CaliforniaSuds, Aug 2, 2008.

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  1. CaliforniaSuds

    CaliforniaSuds Law Topic Starter New Member

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    Venue: Contra Costa County, California. Upon granting defendant's motion to set aside default and default judgment, which had defendant's demurrer and motion to strike attached as exhibits to supporting declaration (plaintiff's complaint ridiculously bad and frivolous), the Court ordered defendant to answer and not demurrer or move to strike. CCP 430.40 and 430.80 provide defendant may demurrer to a defective complaint, and objections are waived if no demurrer. Can the court order defendant to answer without considering the merits of the demurrer. Can anyone cite me some authority to send me in the right direction? Oh, and just for fun, in the same venue on a different case, at the hearing on defendant's demurrer, motion to strike, and safe harbor sanction motion, court did not rule on motions but sent parties to mediation. Isn't that also wrong. Mediation is voluntary, there's no answer so nothing at issue to mediate.

    Thanks for letting me vent. I hope to get some useful responses and thanks.

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