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SAN BERNARDISNO – MEET AND CONFER DECLARATION MUST BE FILED WITH EVERY DEMURRER

Please be advised that effective January 1, 2016, parties will be required to meet and confer “for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer” pursuant to California Code of Civil Procedure § 430.41(a).

Parties will be required to file a declaration entitled “Declaration re: Meet and Confer Pursuant to Code of Civil Procedure §430.41(a)(3)” along with the demurrer. The clerk’s office will not accept the demurrer if it is not accompanied by the declaration.

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 shall be granted an automatic 30-day extension of time within which to file a responsive pleading by filing and serving, on or before the date the demurrer would be due, a declaration entitled “Declaration re: Good Faith Attempt to Meet and Confer Pursuant to Code of Civil Procedure § 430.41(a)(2)” http://www.sb-court.org/Portals/0/Documents/PDF/NewsandNotices/PublicNoticeDemurrers010416.pdf