Legal Question in Civil Litigation in California

An attorney would need to review your amended complaint and their demurrer in order to advise you. If you are not an attorney, you are at a definite disadvantage. If you need some help, please feel free to call me at 619-991-0548.

No one can give you specifics on opposing a demurrer, in this forum, as there are several different types of demurrers, and we do not have the complaint under attack, or the demurrer before us.

There is no form, and are drafted as "memoranda of points and authorities in opposition to defendant's demurrer" on pleading paper. It requires research and focus on the issues raised by your opponent's demurrer, and the strength of your complaint as pleaded.

If you think that your amended complaint is defective, and the defect can be corrected by another amendment, you should point this out in your opposition and ask the court for leave to amend.

I have never, in almost 25 years of litigation, seen a pro per plaintiff win on a demurrer. If you've already amended once, chances are you either don't have a case or you have no idea how even to plead it, much less win it at trial. As another attorney here likes to say, if you can't afford an attorney, you must be able to afford to lose the case. You really need to face reality that you have to hire an attorney or lose the case.