When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. When an order sustaining a demurrer without leave to amend is reversed or otherwise remanded by any order issued by a reviewing court, any amended complaint shall be filed within 30 days after the clerk of the reviewing court mails notice of the issuance of the remittitur.
§ 472b.Running of Time to Amend Or Answer When Demurrer Sustained Or Overruled
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Last amended 2002 · Last verified July 28, 2026
In one sentenceSection 472b runs the time to amend or answer after a demurrer ruling from service of notice of the decision, unless waived in open court, and gives 30 days to file an amended complaint after a reviewing court reverses a no-leave-to-amend order and mails notice of the remittitur.
Full Text of § 472b
Plain-English Summary
When a demurrer is sustained or overruled and the court gives time to amend or answer, § 472b starts that clock running from service of notice of the decision or order — unless the parties waive notice in open court, with the waiver entered in the minutes.
The section also addresses what happens after an appeal. If a reviewing court reverses, or otherwise orders remanded, a trial court’s order sustaining a demurrer without leave to amend, the plaintiff must file any amended complaint within 30 days after the clerk of the reviewing court mails notice that the remittitur has issued.
Frequently Asked Questions
When does the clock start running on my time to amend after a demurrer is sustained?
Section 472b runs the time from service of notice of the decision or order, unless notice is waived in open court and the waiver entered in the minutes.
If an appellate court reverses a no-leave-to-amend ruling, how long do I have to file an amended complaint?
Section 472b gives 30 days after the clerk of the reviewing court mails notice that the remittitur has issued.
Amendment History
Amended by Stats 2001 ch 44 (SB 562), s 3, eff. 1/1/2002.
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
Also known as: time to amend after demurrer sustainedremittitur amended complaint deadline