Legal Question in Real Estate Law in California

Demurrers are usually filed by defendants to complaints filed against them. I say usually, because it is possible to file a demurrer against an answer, in which case the demurring party is the plaintiff.

If you filed a demurrer, and it was overruled, the order overruling the demurrer is not appealable. It may be challenged by way of petition for a writ, but those are rarely granted. If the demurrer was sustained, with leave to amend, the party who was demurred to must file an amended pleading. Failure to amend will result in eventual dismissal.

Orders sustaining a demurrer without leave to amend are also no appealable. Rather, the appeal is taken from the order of dismissal which inevitably follows.