How to Complete Form CIV-141: Declaration in Support of Automatic Extension

California Form CIV-141, the Declaration of Demurring or Moving Party in Support of Automatic Extension, gives you an extra 30 days to file a demurrer, motion to strike, or motion for judgment on the pleadings when the opposing party failed to meet and confer with you before your deadline.¹ File and serve it on or before the date your response is originally due, and the extension kicks in automatically. No judge has to approve it, and you cannot be defaulted during the extra 30 days.²

What the Form Does

CIV-141 is a one-page sworn declaration. Under penalty of perjury, you tell the court that you tried in good faith to meet and confer with the opposing party and that the attempt failed. The moment you properly file and serve it, your deadline to respond moves forward by 30 days from the original due date.²

The same form covers three types of responsive filings, each with the same meet-and-confer requirement built into its governing statute:

Demurrers, governed by Code of Civil Procedure section 430.41.²
Motions to strike, governed by section 435.5.³
Motions for judgment on the pleadings, governed by section 439.⁴

You can only use the automatic extension once per responsive pleading. If 30 extra days still isn’t enough, your next step is a motion asking the court for more time on a showing of good cause.²

When You Need It

Before filing a demurrer, motion to strike, or motion for judgment on the pleadings, California requires you to contact the party who filed the pleading you want to challenge and try to resolve the dispute in person, by telephone, or by video conference. A letter or email alone does not satisfy the rule.² The conversation has to happen at least five days before your responsive pleading is due.

A standard demurrer is due 30 days after service of the complaint or cross-complaint,⁵ which puts the meet-and-confer discussion no later than day 25. When opposing counsel will not pick up the phone, will not schedule a call, or ignores your messages, you are stuck: you cannot file the demurrer without the declaration about the meet and confer, and the clock keeps running. CIV-141 is the way out.

Filling Out the Form

Download the current version from the California Courts website.¹ It’s short, but every field matters because you are signing under penalty of perjury.

Header and Case Caption

The top-left block takes the name, state bar number (if an attorney), firm name, address, phone, fax, and email of the person filing. The top-right block is for the case number. Below that, enter the court (Superior Court of California, County of ___), the court’s address, the branch name, and the plaintiff/petitioner and defendant/respondent names exactly as they appear on the complaint.

Section 1: The Pleading You’re Challenging

Name the party who filed the pleading you plan to challenge, then check the box for the type of document: complaint, amended complaint, cross-complaint, answer, or “other” with a short description. Match this to the document you were actually served with.

Section 2: Current Deadline

Enter the date your responsive pleading is currently due. The 30 days run from this date, so get it right. If the court later finds you filed CIV-141 after the real deadline, the extension doesn’t apply.

The Declaration Body

The pre-printed statements confirm that you intend to file a demurrer or one of the covered motions, that you were required to meet and confer at least five days before your deadline, that the parties did not do so, and that you have not previously used this automatic extension. A blank area lets you explain why the meet and confer did not happen. If you need more room, check the box for form MC-031 and attach a separate declaration.

Be specific in that explanation. The statute requires you to state the reasons the meet and confer did not take place,² so include dates you called, voicemails you left, emails you sent asking to schedule a call, and whatever responses or silence you received. “Opposing counsel was unresponsive” without a timeline is thin.

Signature

Sign and date on the designated line and print the name of the signer. Because this is a declaration under penalty of perjury, a false statement can draw sanctions.

Filing and Serving on Time

The statute says file and serve on or before the original due date.² Filing with the clerk is not enough on its own.

Serve a copy on every other party. If the parties have consented to electronic service, through an electronic filing service provider or by filing form EFS-005-CV, you can serve electronically. Otherwise, use first-class mail or another legally permitted method. Self-represented parties who have not affirmatively consented to electronic service must be served by traditional means.⁶ Document the service on POS-030 (first-class mail) or POS-040 (other methods).⁷ The person who actually mails or delivers the papers signs the proof of service, which rules out signing it yourself if you are a party.

Then file the signed CIV-141 and the proof of service with the clerk. Many superior courts require attorneys to e-file civil documents; self-represented parties are typically exempt and can file in person or by mail. Rules vary by county, so check locally. There is no separate filing fee for CIV-141.

After You File

Once the clerk processes the form, your deadline to file the demurrer or motion shifts forward 30 days from the original due date, and you cannot be defaulted in the meantime.² Use the window to try again to meet and confer.

When you eventually file the demurrer or motion itself, you still need a separate meet-and-confer declaration with it, either CIV-140 (if the discussion did happen and failed to resolve things) or a declaration stating the other side refused to participate in good faith. The adequacy of the meet and confer is not itself grounds for the court to sustain or overrule a demurrer, but the declaration is mandatory.²

If 30 days still isn’t enough, you cannot file a second CIV-141 for the same pleading. You have to ask the court for additional time and show good cause.

Common Mistakes

Filing after the deadline. A day late means no extension and possible default.
Treating email or letters as a meet and confer. The statute requires in person, telephone, or video; written follow-ups help your declaration but don’t replace the call.²
Vague explanations. Dates, calls, and messages left belong in the declaration.
Filing but not serving. The statute requires both.
Trying to use CIV-141 twice for the same pleading. The form itself requires you to confirm you have not previously used the automatic extension.

How CIV-141 Differs From CIV-140

CIV-141 and CIV-140 do different jobs at different moments. CIV-141 is the emergency filing you use before your deadline, when the meet and confer has not happened and you need 30 more days. CIV-140 is the declaration you file alongside the actual demurrer or motion, describing what happened during the meet-and-confer process, whether it occurred and failed to resolve the issues or whether the other side still refused to participate.² When the other side is unresponsive, you typically file CIV-141 first to buy time, then CIV-140 with the demurrer later.

1
California Courts | Self Help Guide. Declaration of Demurring Party in Support of Automatic Extension
2
California Legislative Information. California Code of Civil Procedure 430.41
3
California Legislative Information. California Code of Civil Procedure 435.5
4
California Legislative Information. California Code of Civil Procedure 439
5
California Legislative Information. California Code of Civil Procedure 430.40
6
Judicial Branch of California. California Rules of Court Rule 2.251 – Electronic Service
7
California Courts | Self Help Guide. Proof of Service by First-Class Mail – Civil (POS-030)