Legal Question in Civil Litigation in California
demurrer
can the sustaned demurrer can be overrule?
Asked on 5/12/09, 3:31 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: demurrer
The judge can either sustain a demurrer or overrule it. A demurrer that has already been sustained can no longer be overruled. Under some circumstances there may be ways to challenge that ruling in the trial court and/or before the Court of Appeal. Since you have said nothing else about your case, I don't know whether such circumstances are present.
Answered on 5/12/09, 3:49 pm