As I stated in my last post, FTB’s Answer to my Superior Court Complaint was of poor quality. I did some research and found out that I could file something called a Demurrer, which is basically me asking the judge to throw out FTB’s Answer and make them file a new Answer.
I had to explain why FTB’s answer was a pile of nonsense, and I think that I did a good job! I am proud of myself! Here is my Demurrer.
My understanding is that if their new Answer is also of poor quality, I can then file a request for a Summary Judgment based on my written brief and their replacement Answer brief, and thus skip the whole trial part.
Our Demurrer Hearing is scheduled for October 30, 2020, where the judge will decide if the Answer FTB submitted can stand as is or if they have to file a new Answer.
And you may be wondering how the Demurrer hearing can be re-scheduled so close to the trial date of November 13, 2020? The answer is that thanks to COVID-19, our trial is pushed back to next year. A new date hasn’t even been assigned for the trial as of yet.
For those of you looking for information for your own cases, pages 6 and 7 of the Demurrer are the Memorandum of Points and Authorities, which is a list of laws I cited in my Demurrer request. I hope this info helps someone!