How do I oppose a demurrer in California?

To oppose a defendant’s demurrer, you can draft your own legal motion, called an “opposition to the defendant’s demurrer.” This is a legal document that you file with the court. In the document, you will argue that your complaint was not defective.

When must an opposition to a demurrer due in California?

Opposition to a Demurrer: If a demurrer is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing.

Can you appeal a demurrer ruling California?

The demurrer ruling is an order which, by statute, may not be appealed. (Code of Civil Procedure, section 581d.)

Is a demurrer a responsive pleading California?

A demurrer is a responsive pleading filed by a party to challenge the legal sufficiency of a complaint, cross-complaint, or answer (Cal.

Can you file a demurrer after an answer California?

However, a demurrer to an answer must be filed and served within ten (10) days after service of the answer, unless the court orders otherwise. See C.C.P. § 471.5(b).

How do you argue a demurrer?

If you have four arguments for demurrer, address strongest one first, then go down in descending order of strength.
If you have one really solid basis, don’t waste space/credibility with marginal arguments.
If opposing, take on defendant’s strongest argument first and eviscerate it.

What is demurrer in California?

Responding to a complaint in California by filing a demurrer is the topic of this article. A demurrer is a response to a pleading that objects to or challenges a pleading filed by an opposing party. The word demur literally means “to object”; a demurrer is the legal document that makes the objection.

Do I have to respond to a demurrer?

A demurrer asserts that, even if the plaintiff’s facts are correct, the defendant should not have to answer them or proceed with the case.