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CIV-140 Guidance: Declaration of Demurring Party - Meet and Confer (California)

The CIV-140 Declaration of Demurring Party Regarding Meet and Confer form is used when a party intends to file a demurrer, motion to strike, or motion for judgment. They party is required to certify conferring with the opposing party, or attempting to do so, before proceeding with their motion in a California civil case. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-140

When completing form CIV-140, pay special attention to these less obvious sections:

Item 2.a

Meeting Method

When selecting the method of meeting and conferring, it's important to note that 'in person' or 'by telephone' are specified as acceptable. Email correspondence alone is not sufficient for this requirement, as the law specifically requires a more direct form of communication.
Item 2.b

Non-Responsive Party

If the other party failed to respond or engage in the meet and confer process, clearly state this in section 2.b. You must demonstrate that you made a genuine attempt to engage with the opposing party, such as documenting unanswered emails or calls that prove your effort to meet and confer.

What to do after filing form CIV-140

1
Confirm Receipt: Ensure the court has received your Declaration of Demurrer - Meet and Confer (CIV-140) by checking the court docket online or contacting the court clerk.
2
Await Court's Response: Wait for any response or decision from the court regarding your demurrer, motion to strike, or motion for judgment on the pleadings. The court may provide a timeline for when you can expect this.
3
Prepare for Hearing: Be ready for any hearings that may be scheduled as a result of your filing. Review all relevant case documents, including the original complaint and your demurrer.
4
Communicate with Opposing Party: Stay in communication with the opposing party or their attorney for any updates or potential settlement discussions, even after filing.
5
Follow Up: Monitor any deadlines or next steps that the court’s response might dictate, such as additional filings or a specific court hearing date.
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