How and when must demurrer papers be filed and served?
The demurrer papers must be filed and served at least 16 days before the hearing, plus additional days if the papers are served by mail, overnight delivery or fax. (Code Civ. Proc. 1005(b); Cal. Rules of Court, rule 3.1320(c).) Demurrers must be set for hearing not more than 35 days after the filing of the demurrer, or on the first date available to the court thereafter. (Cal. Rules of Court, rule 3.1320(d).
