Legal Question in Civil Litigation in California
Filing a demurrer in pro per-
Do you file a demurrer and then follow it up with a memorandum of point and authorities in support of the demurrer or is it all in one document?
3 Answers from Attorneys
You do a notice of demurrer, demurrer, and points and authorities. Make sure to set out each item to which you are demurring in separate paragraphs. Make sure to not only file it, but to serve it on opposing counsel. Some courts also require you to lodge a copy with the department hearing the matter.
The case obviously isn't important to you, or you wouldn't be in pro per.
Your notice of demurrer and demurrer can be in the same document, but it is usually advisable to have the demurrer as a separate document ATTACHED to the notice of demurrer. The points and authorities are also part of the demurrer, and are attached. You don't file the memorandum of points and authorities later, you file it with the notice of demurrer and the demurrer.
There are a lot of traps for the unwary. Is there any reason that you do not have an attorney?
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