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What is a demurrer under California law?

A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.

What is an example of a demurrer?

Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits "criminal threats." Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.

What demurred means?

intransitive verb. : to take exception : object. often used with to or at. it would seem hazardous to demur to a proposition which is so widely accepted\u2014 Samuel Alexander. law : to file a demurrer.

What is the purpose of a demurrer?

The real purpose of a demurrer is to make sure that each element of a legal claim is established through pleaded facts. If a complaint or petition does not at least accomplish that basic requirement, then there's no reason for the court to take the matter forward.

Is a demurrer a dismissal?

The precise basis for a demurrer can vary, with some examples being a failure to state a claim or an allegedly unconstitutional statute. In most jurisdictions, the demurrer is now called a motion to dismiss.

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What is a motion to demurrer?

Purpose of a Demurrer 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.

Is a demurrer a motion to dismiss in California?

Introduction. We litigate a lot of cases in California. Both in state courts and federal courts. After a Plaintiff files a lawsuit, a Defendant can either ANSWER the lawsuit (by answering the allegations and raising affirmative defenses) or they can file a DEMURRER (which is basically a motion to dismiss the case).

What is a demurrer in California law?

A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.

When must a demurrer be filed 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.

What needs to be filed with a demurrer?

A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases.

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