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https://www.avvo.com/legal-guides/ugc/demurrer-to-an-answer-in-a-civil-case---is-there-even-such-a-thing
Apr 30, 2010 · One of the kicks of filing a Demurrer to an Answer is the reaction from your opponent, which most often is confusion and panic. The judges however, are a mixed bag. Some judges get annoyed, some are amused and some are excited to see something different, new and proactive.
https://www.wikihow.com/File-a-Demurrer-to-a-Complaint
Mar 29, 2019 · Filing the Demurrer with the Court After the plaintiff starts a lawsuit by filing a complaint, you can respond by filing an “answer” or a “demurrer.” In a demurrer, you argue that the plaintiff has not stated a legitimate legal claim and ask that the judge dismiss the complaint.
https://www.wikihow.com/Oppose-a-Demurrer-to-a-Complaint
Nov 07, 2019 · In a demurrer, the defendant will claim that your complaint is legally deficient. Typically, the defendant will argue that you failed to sufficiently allege a cause of action by leaving out a required element. Take out your complaint and read it side by side with the defendant’s demurrer.
https://www.astralegal.com/demurrers-answers-changing-practice-drafting-defenses/
Jul 18, 2014 · The defendant’s attorney faced with a demurrer to the answer must determine whether it is cost-effective to oppose a motion that will likely be granted, or to offer to amend the answer. Although unlikely, a court could potentially sustain the demurrer as to some or all of the affirmative defenses without leave to amend.
http://kamineconstructionlaw.com/knock-invalid-affirmative-defenses-demurrer-answer/
A demurrer to an answer must be filed within 10 days after service of the answer (CCP Section 430.40(b)). It is often productive to send a cover letter with service of the demurrer, explaining this timing issue, and offering to take the demurrer off calendar if defense counsel will stipulate to dropping the offending affirmative defenses.
https://legal-dictionary.thefreedictionary.com/demurrer
A demurrer is a type of answer used in systems of Code Pleading, established by statute to replace the earlier common-law Forms of Action. While a demurrer admits the truth of the plaintiff's set of facts, it contends that those facts are insufficient to grant the complaint in favor of the plaintiff.
https://www.linkedin.com/pulse/demurrer-complaint-california-nathan-mubasher
Nov 07, 2016 · A demurrer can also be filed in response to a cross-complaint. A general demurrer is usually filed on one of two grounds, failure to state facts sufficient to constitute a cause of action, and the Court lacks subject matter jurisdiction. A special demurrer can be made on any one of several grounds,...
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
Jan 01, 2007 · 2020 California Rules of Court. Rule 3.1320. Demurrers (a) Grounds separately stated Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses. (Subd (a) amended effective January 1, 2007.)
http://www.legaldocspro.com/blog/demurrer-to-an-unlawful-detainer-complaint-in-california/
A demurrer to an unlawful detainer complaint in California is a very common motion that is filed whenever an eviction complaint in California or the notice alleged in the complaint is defective. Statutory authorization for filing a demurrer to an unlawful detainer complaint in California.
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-472.html
(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.
https://www.worklawyers.com/civil-lawsuit-deadlines-california/
Demurrer to an Answer: If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer.46 This same rule applies to answers to cross-complaints.
https://www.plaintiffmagazine.com/recent-issues/item/two-can-play-at-that-game
A demurrer may challenge not only the whole answer but just one or more raised defenses. (§ 430.40(b).) Affirmative defenses cannot simply spout “terse legal conclusions” but must state supporting facts “as carefully and with as much detail” as is required in a complaint.
https://dictionary.law.com/Default.aspx?selected=487
In rare occasions, a demurrer can be used to attack an answer to a complaint. Some states have substituted a motion to dismiss for failure to state a cause of action for the demurrer. See also:...
http://support.casefox.com/support/solutions/articles/17000024817-sample-pleadings-free-download-
2. Opposition to a Demurrer to Complaint.Opposition to Demurrer to Plaintiff's Complaint. In the current case, Defendant filed a demurrer against Plaintiff's Complaint based on an extrinsic evidence. This opposition include case law and discussion to show that extrinsic evidence cannot be …
https://www.casefox.com/web/docs/sample-demurrer-to-defendant-s-answer-to-strike-boilerplate-affirmative-defenses.doc
On August 2, 2011, the Court set aside the default and ordered entry of Defendant’s Answer. This demurrer is filed within 10 days of the entry of Defendant’s Answer pursuant to various code sections, as stated above, of California Code of Civil Procedure. II.
https://www.justanswer.com/law/7emua-answer-demurrer-california.html
Dec 13, 2012 · A demurrer basically says that you have not alleged enough facts to support a cause of action, so as a Plaintiff, you must find a case or statute that shows each of the "elements" for a cause of action, and then show how you alleged each of those elements in the complaint.4/5(10.2K)
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