Responsive Pleadings: Demurrer (CA)

by Practical Law Litigation

A Practice Note that provides guidance on using a demurrer to challenge the legal sufficiency of a pleading in a California civil suit. This Practice Note explains the function of a demurrer as a responsive pleading, noting its similarity to a federal motion to dismiss, used to object to a complaint, cross-complaint, or answer. It outlines the crucial distinctions between general demurrers, which challenge a pleading's fundamental validity, and special demurrers, which address more specific defects. This Practice Note details mandatory pre-filing procedures, such as the meet and confer requirement under the California Code of Civil Procedure. The Practice Note also provides insight into drafting essential documents, including the notice of demurrer and the supporting memorandum of points and authorities. It covers the procedural steps for serving, filing, opposing, and replying to a demurrer, and explores the possible outcomes of a hearing, such as the court sustaining the demurrer with or without leave to amend, and the limited options for immediate appeal.