Court Also Discusses Response Time When Leave Is Granted To Amend After Demurrer Hearing.
Carlton v. Dr. Pepper Snapple Group, Inc., Case No. E056566 (4th Dist., Div. 2 Aug. 14, 2014) (partially published; discovery sanctions reversal unpublished) has two nice takeaways for litigators.
First, although discussed in the unpublished portion, this opinion addresses the question: what happens to a discovery sanctions award for fees when the appellate court determines the underlying motion to compel was untimely filed? Answer: the discovery sanctions award falls too, because the motion to compel accomplished nothing and was unreasonable (meaning the sanctions award was also unreasonable).
Second, in the published section (and a blog bonus for readers), the appellate court discussed the vexing issue of when a litigant has to respond to an amended pleading after a demurrer hearing is sustained with leave—reconciling CRC 3.1320(j) and CCP § 471.5. This is how they were reconciled: if a party elects not to amend within the time set by the court or else by statute (10 days) to amend, the other side has 10 days to respond to the residual pleading; however, if the party elects to file an amended pleading, then the other side has 30 days to respond.