California Demurrer to Complaint Template

Document Sample
California Demurrer to Complaint Template Powered By Docstoc
					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.
     ______________ [Instructions: Insert name of attorney and Bar number]
 1   ______________ [Instructions: Insert address of attorney]
     ______________ [Instructions: Insert facsimile number / email address]
 2   ______________ [Instructions: Insert telephone number]
 3
 4
     Attorney for Defendant
 5   ______________ [Instructions: Insert name of represented party]
 6
 7                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
 8         FOR THE COUNTY OF ______________ [Instructions: Insert name of county]
 9
10
     ______________ [Instructions: name of     )    Case No.: ______________ [Instructions:
11                                             )    Insert case number]
     plaintiff]
                                               )
12                                             )
                   Plaintiff,
                                               )    NOTICE OF DEMURRER AND
13                                             )    DEMURRER OF DEFENDANT
            v.
                                               )    ______________ [Instructions: Insert name
14   ______________ [Instructions: Insert name )    of Defendant] TO PLAINTIFF
     of defendant]                             )    ______________’S [Instructions: Insert
15                 Defendants.                 )    name of Plaintiff] COMPLAINT FOR:
                                               )    ______________ [Instructions: Set forth
16                                             )    causes of action in Complaint] PURSUANT
                                               )    TO CALIFORNIA CODE OF CIVIL
17                                             )    PROCEDURE §430.10, ET SEQ.
                                               )
18                                             )
                                               )    Date: ______________ [Instructions: Insert
19                                             )    date for hearing of motion]
                                               )    Time: ______________ [Instructions: Insert
20                                                  time for hearing of motion]
                                                    Judge: ______________ [Instructions:
21                                                  Insert name of judge]
22
23
24
     TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
25
            PLEASE TAKE NOTICE that on ________________ [Instructions: Insert date of
26
     motion to demurrer] at ________________ [Instructions: Insert time of hearing for motion],
27
     or as soon thereafter as counsel may be heard in Department ________________ [Instructions:
28

                                          2
                     DEMURRER OF DEFENDANT TO PLAINTIFF’S COMPLAINT
 1   Insert department number or letter] of the above-entitled court located at ________________
 2   [Instructions: Insert complete address of courthouse], ________________ [Instructions:
 3   Insert name of party filing motion] will and do hereby demur to Plaintiff’s Complaint filed
 4   herein pursuant to California Code of Civil Procedure Section 430.10, et seq., and will demur
 5   generally and specifically to the Complaint as follows: ________________ [Instructions: Set
 6   forth specific reasoning for demurrer for each cause of action in Plaintiff’s Complaint]
 7
 8
 9   DATED: ________________              Respectfully submitted,
10   [Instructions: Insert date]          By ________________ [Instructions: Insert name]
11                                        Attorneys for Defendant.
12
13
14
15
16   [Comment: User must also check the local court rules to ensure that the pleading complies
17   with all the requirements]
18
19
20
21
22
23
24
25
26
27
28

                                           3
                      DEMURRER OF DEFENDANT TO PLAINTIFF’S COMPLAINT
 1                      MEMORANDUM OF POINTS AND AUTHORITIES
 2                                                   1.
 3                         INTRODUCTION AND SUMMARY OF ARGUMENT
 4          ________________ [Instructions: Set forth introduction and summary of argument]
 5
 6                                                   2.
 7           ________________ [Instructions: Insert heading related to reasoning for demurrer]
 8          ________________ [Instructions and Comment: Set forth argument for demurrer.
 9          User should create a new section for each reason for demurrer. ]
10
11
12
13          [Comment: User sh
				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:787
posted:5/14/2012
language:English
pages:5
Description: 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.