Legal Question in Civil Litigation in California

Re: Accident

Believe it or not, demurrers have nothing to do with evidence. For purposes of the demurrer, the court has to accept all of your factual allegations as true and may not consider evidence offered by the parties. (The court can take judicial notice of certain irrefutable facts, but the specifics of your case are almost certainly not judicially noticeable.)

What a demurrer says is that the complaint (or cross-complaint in your situation) fails to allege a valid cause of action. In other words, the other side is saying that even if you can prove everything you have alleged, you will still lose because you have not alleged enough to hold them liable.

It is probably a mistake for you to try to litigate this case by simply filling out forms and hoping for the best. There are several required elements to each cause of action, and if you fail to properly plead any one of them then your complaint is subject to demurrer. You should either get a lawyer or do some serious reading in your local law library, because you are likely to undermine your case the way you are going.

Finally, I question the advice you received about cross-claiming for libel. Libel is rarely part of any traffic accident case, and nothing you have said suggests that you can win such a claim here.

Re: Accident

As you have been advised, a demurrer simply testst the sufficiency of the allegations of your complaint. You should review these allegations and make sure that you have stated them appropriately. Review the demurrer and see what your opponent is saying about your complaint. If you have authority to substantiate that your complaint does adequately allege the cause of action you are suing for, file an Opposition and give the court that authority. If not, you can amend your compalaint and avoid the demurrer hearing. Advise opposing counsel that you intend to do so.

Re: Accident

You need to contact attorney. If you had insurance, you should report it to your carrier and they will appoint an attorney to assist you in defense of any action filed. This is what you pay for. If other questions or no insurance or they won't cover, call to discuss.