Legal Question in Civil Litigation in California

Demurrer

I am representing myself in the superior court. I am objecting to the cross complaint's causes of action on the grounds of Code Civ. Proc. � 430.10 (e), and Code Civ. Proc. � 430.10(f).

I understand that I have to submit a memorandum with my demurrer. If demurrer is not a motion but is a pleading, is this correct to say ARGUMENT IN SUPPORT OF DEMURRER? or I should say something else?

Appreciate your advice


Asked on 12/17/07, 9:37 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Demurrer

It's a memorandum of points and authorities in support of demurrer. Not only present your argument, but support it with relevant citations to statute and case law, and explain why -- within the four corners of the complaint -- the demurrer should be sustained without leave to amend.

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Answered on 12/17/07, 10:58 pm
George Shers Law Offices of Georges H. Shers

Re: Demurrer

If the demurrer is likely only to cure some defect that the other side can easily amend/cure, reconsider if you want to waste the time filing and improving the other sides cross-complaint. If you can not get it removed without leave to amend, often it is better not to object at this stage of the game unless there is some clear advantage [the other side is in pro per and you think the other side does not know how to amend it correctly and you want to show you are more knowledge and likely to beat them, etc.

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Answered on 12/18/07, 11:34 am


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