QUESTION

When i get a demurer to complaint and it says that my damages are sustained without leave to amend and and i get leave to amend, do i get damages?

Asked on Jan 19th, 2016 on Civil Litigation - California
More details to this question:
I got leave to amend for 12 days in a JOP/ demurer hearing.
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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When a demurrer is sustained with leave to amend, you will have to redraft any causes of action to which the demurrer was sustained and the court has granted you leave to amend.  If the court sustained a demurrer WITHOUT leave to amend, then you cannot amend that part of your complaint.  So when you say that "damages are sustained without leave to amend" it makes me believe that you requested a remedy that is not proper for that cause of action.  The court cannot award your damages yet, as the case is not at issue because the defendant has not filed an answer.  I think that you have misunderstood the court's ruling about the demurrer.  You're in over your head and you need an attorney.
Answered on Jan 20th, 2016 at 7:50 AM

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