This Demurrer to Complaint Template is used by a defendant in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is insufficient to justify legal action. The validity of the demurrer is determined during a hearing before a judge. Some causes of action may be defeated by a demurrer while others may survive. A demurrer may also contend that the complaint is unclear or omits an essential element of fact. This template lays out the proper format for a demurrer and also includes a memorandum of points and authorities template that sets forth the argument for demurrer. This document should be used by a defendant when bringing a demurrer to a complaint.