ASSEMBLY BILL No 1659 Introduced by Assembly Member Chau February 12 2014 An act to amend Section 43030 of the Code of Civil Procedurerelating to civil procedure legislative counsel s digest A ID: 252889
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california legislature�201314 regular session ASSEMBLY BILL No. 1659 Introduced by Assembly Member Chau February 12, 2014 An act to amend Section 430.30 of the Code of Civil Procedure,relating to civil procedure. legislative counsel s digest AB 1659, as introduced, Chau . Civil actions: objections to pleadings. Under existing law, a party in a civil action may object to a complaint,cross-complaint, or answer by demurrer if the ground for the objectionappears on the face of the pleading or is from a matter of which thecourt must or may take judicial notice. If the ground for the objectiondoes not appear on the face of the pleading, existing law permits theobjection to be taken by answer. Existing law permits a party objectingto a complaint or cross-complaint to demur and answer at the sametime. This bill would require that, before ®ling a demurrer, the demurringparty meet and confer with the opposing party, and ®le a declarationwith the demurrer showing a reasonable and good faith attempt at aninformal resolution of each issued presented in the demurrer. Vote: majority. Appropriation: no. Fiscal committee: no.State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 430.30 of the Code of Civil Procedure line 2 is amended to read: 99 line 1 430.30. (a) �� When any ground for objection to a complaint, line 2 cross-complaint, or answer appears on the face thereof, or from line 3 any matter of which the court is required to or may take judicial line 4 notice, the objection on that ground may be taken by a demurrer line 5 to the pleading. line 6 (b) �� When any ground for objection to a complaint or line 7 cross-complaint does not appear on the face of the pleading, the line 8 objection may be taken by answer. line 9 (c) �� A party objecting to a complaint or cross-complaint may line 10 demur and answer at the same time. line 11 (d) �� Before ®ling a demurrer, the demurring party shall meet line 12 and confer with the opposing party and shall ®le a declaration line 13 concurrently with the demurrer evidencing a reasonable and good line 14 faith attempt to resolve informally each issue presented by the line 15 demurrer. O 99 Ð 2 Ð AB 1659