Legal Question in Real Estate Law in California

Civil Unlimited Demurrer
Question: I filed a Demurrer and the opposition attorney has stated a complaint is involnerable to a general demurrer if on any theory it states a cause of action. (johnson vs clark 1936 and Truta vs avis rent a car systems, inc 1987. attorney states this is all that is necessary to plead against a general demurrer. The attorney states the demurrer only attacks the Breach of Contract issue but I stated breach of contract as the main issue and the demurrer is to the entire complaint. The attorney states I must address each cause of action. Should I file a new demurrer and address each cause of action?

Asked on 6/02/08, 11:51 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Civil Unlimited Demurrer

You should get a lawyer.

For demurrer purposes, each cause of action stands alone (with some exceptions, e.g. where one cause of action is totally dependent on another).

If someone has filed a five cause of action complaint against you (for example), it will ordinarily be necessary to demur to each cause of action to get rid of the complaint entirely.

Very often, a demurrer will demur to (for example again) three of five causes of action, and the court will sustain the demurrer as to two of the three. This leaves the complaint in place, with three remaining viable causes of action.

One of the rules of demurrer-writing is to be quite specific as to what cause of action you're attacking, and why it must fail.

Answered on 6/03/08, 11:13 am

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