Legal Question in Civil Litigation in California

There are no forms. Your attorney will draft one.

It's called a demurrer. It takes a skilled attorney to write one that may be sustained.

Mr. Stone and Mr. Cohen are right. Note that a demurrer can only be filed before the demurring party answers the complaint. (He gets a new chance to demurrer when and if an amended complaint is filed.) A similar motion can be brought later, but it would be called a motion for judgment on the pleadings. Such motions are subject to slightly different rules from demurrers. There is no standard form for a motion for judgment on the pleadings, just as there is none for a demurrer. I agree with Mr. Cohen that you should have an attorney prepare the demurrer or motion for you if you want it to be done properly.

I agree with Mr. Cohen and Mr. Hoffman. If you have not answered, it is actually a "demurrer" and not a motion, although for many purposes, a demurrer is considered a motion and is subject to most of the rules governing motion practice. A demurrer is a form of objection, that objects to the complaint or pleading that it attacks. As such, it is sustained or overruled, and the court may sustain it with leave to amend, or without leave to amend.