Legal Question in Employment Law in California

A demurrer tests the sufficiency of the complaint. The defendant has filed a demurrer and has stated that what you have alleged in the itemized causes of action does not meet the legal requirements to state a claim for whatever it is you are alleging. Each cause of action has certain elements that must be alleged. If any of those elements is missing, then the complaint is susceptible to a demurrer or a motion for summary adjudication sometime down the road.

You might look at the cases the defendant has cited in support of the demurrer and see what's needed to cure your complaint. You can file a first amended complaint at any time before the demurrer is heard, and preferably before the court issues a tentative ruling. More than likely, though, if you were to tell the court that you could cure the defects, the court will give you the opportunity to amend. Although the court might be inclined to grant 10 days leave to do so, you might ask for a bit more time to both amend and find an attorney to assist you. Many attorneys will handle employment cases on a contingency and not require their clients to pay them any money. In addition, if it is a case of discrimination and you have made a claim under the Fair Employment and Housing Act, you might be entitled to recover your attorney's fees (based on hours worked) if you prevail. Good luck!

I can assist you in responding to the demurrer and if it has merit in amending the complaint if it is amendable. Contact me directly.