Legal Question in Civil Litigation in California

No. A demurrer is determined on and by the pleadings. Many judges do not allow oral argument. You are going to need to learn all the rules and procedures of litigation if you think you are going to represent yourself. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you.

An order sustaining a demurrer is not appealable. If the court sustained it with leave to amend, then you should amend your complaint. Better yet, you should have a lawyer do it for you. If the court sustained the demurrer without leave to amend, it should enter a judgment of dismissal either at the same time or soon thereafter. (On rare occasions, a judge will combine the two into a single order.) That judgment will be appealable.

Not being allowed to speak at the hearing is not grounds for appeal, but you may have other grounds. Feel free to contact me directly if you want to discuss your options. I am certified by the State Bar as a specialist in appellate practice, and I have many years of relevant experience.

It is inappropriate for a trial court to refuse to allow a party oral argument on a demurrer. Oral argument on the demurrer must be afforded at the request of a party. �Under either a �statutory construction� or a �critical pretrial matter� standard, we conclude that the court erred in denying the parties an opportunity to argue the matter in open court.� (Medix Ambulance Service, Inc. v. Superior Court (4th Dist. 2002) 97 Cal.App.4th 109, 115.)

That alone, however, would not qualify you for reversal. As pointed out by Mr. Hoffman, an order sustaining a demurrer is not appealable. The issue right now is whether or not the court sustained the demurrer with leave to amend, in which case you should amend, or sustained the demurrer without leave to amend. If the court sustained without leave to amend, you would appeal from the order of dismissal.

You should speak to an attorney competent with appellate practice, as soon as possible, to thoroughly review the matter to determine whether appealing is a viable option.