Notice of Demurrer and Demurrer (CA)

by Practical Law Litigation

A Standard Document providing a sample demurrer for parties to use when objecting to the legal sufficiency of a pleading in an unlimited civil action in a California superior court. A demurrer is a responsive pleading that functions as the state court procedural equivalent of a federal motion to dismiss and can be used to challenge a complaint, cross-complaint, or answer. This Standard Document combines the notice of demurrer and the demurrer itself and provides guidance for drafting the caption, the notice of hearing, the grounds for demurrer, and the signature block. It also explains the other documents typically required for a complete demurrer package, such as a memorandum of points and authorities and a meet and confer declaration. This Standard Document addresses key requirements under the California Code of Civil Procedure, including sections 430.10 and 430.20, and the California Rules of Court, helping counsel navigate the procedural rules for challenging a pleading.