(a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.
§ 430.40.Time For Demur to Complaint Or Cross-Complaint; Demur to Answer
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 1. Objections to Pleadings · Enacted 1971 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 430.40 sets the deadlines for demurrers: 30 days after service of a complaint or cross-complaint to demur to it, and 10 days after service of an answer to demur to that answer.
Full Text of § 430.40
(b) A party who has filed a complaint or cross-complaint may, within 10 days after service of the answer to his pleading, demur to the answer.
Plain-English Summary
Section 430.40 fixes the clock that governs demurrers. A person served with a complaint or cross-complaint has 30 days from service to file a demurrer to it. A party who has filed a complaint or cross-complaint and is served with an answer to it has 10 days from service of that answer to demur.
These deadlines interact with § 430.41's meet-and-confer requirement, which can extend the time to respond by up to 30 days when the parties cannot complete the meet-and-confer process in time, and with other statutes that add time for service by mail or electronic means.
Frequently Asked Questions
How many days does a defendant have to demur to a complaint in California?
Section 430.40(a) gives 30 days after service of the complaint or cross-complaint.
How long does a plaintiff have to demur to an answer?
Section 430.40(b) gives 10 days after service of the answer.
Can the deadline to demur be extended?
Yes — § 430.41's meet-and-confer process can trigger an automatic 30-day extension when the parties cannot complete it in time, and other statutes add time for service by mail or electronic means.
Amendment History
Added by Stats. 1971, Ch. 244.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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