Legal Question in Civil Litigation in California
Can a defendant file a demurrer to a complaint, by simply raising a defense without answering the complaint? Such as a defendant who raises an issue of standing without providing any evidence against the standing. What happens when the defendant demurrers on this ground, when evidence of standing was provided in the complaint?
note: I feel that the defendant has simply delayed for more time, since they asked for and were given a 15 day extension.
4 Answers from Attorneys
A defendant may DEMURRER without answering. A DEMURRER only may consider facts in the complaint and facts judicially noticed. Where the complaint pleads facts showing proper standing, the DEMURRER should be denied.
No lawyer can predict whether or not the court will sustain a demurrer to your complaint without having read the complaint and without having interviewed you about the facts. Either your complaint adequately pleads standing or it doesn't.
The grounds for the demurrer must appear on the face of the complaint being challenged, or from matters that are subject to judicial notice. If the court thinks the demurrer lacks merit, it will overrule and give the defendant time to file an answer.
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