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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://dictionary.law.com/Default.aspx?selected=487
demurrer n. (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is …
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://caltenantlaw.com/store/370-Demurrer-to-the-Complaint-p11801643
Unlke the Answer, where you deny the accusations of the Complaint directly and explain your position, the Demurrer attacks the Complaint itself as an improper accusation. It may be that the complaint has technical mistakes, or is confusing and inconsistent.
https://demurrer.com/?page_id=5
Demurrer to the complaint What does demurrer mean anyway? It is an old legal (a Latin term) term that law students typically run across while studying older cases in law school.
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.nolo.com/legal-encyclopedia/what-demurrer.html
In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint, information, or indictment—is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can’t be used to convict him or her.Author: Micah Schwartzbach, Attorney
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 …
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
Jan 01, 2007 · 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.)
https://legalbeagle.com/8560242-difference-between-demurrer-motion-dismiss.html
A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case. A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim.
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://caselaw.lexroll.com/2019/05/10/demurrer-motion-to-strike-judge-deborah-c-servino/
Special Demurrer Based on Uncertainty Defendant demurs to the first, second, fifth, and sixth causes of action on the ground of uncertainty. A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can …
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=430.41
(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.
http://www.legaldocspro.com/blog/demurrer-to-a-breach-of-contract-complaint-in-california/
Apr 02, 2019 · A demurrer to a complaint in California tests only the legal sufficiency of the allegations. It does not test their truth, the plaintiffs’ ability to prove them, or the possible difficulty in making such proof. The sole issue raised by a general demurrer is whether the facts pleaded state a valid cause of action–not whether they are true.
https://nathanmubasher.wordpress.com/2017/02/19/demurer-to-a-complaint-in-california/
Feb 19, 2017 · 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.
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.
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