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Sample Opposition to Demurrer for California by LegalDocsPro

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This is a sample opposition to a demurrer to a complaint in California. It can be modified to oppose most demurrers in California. Points and authorities are included. The opposition to demurrer on which this sample was based was successful and the demurrer was overruled. The author is a freelance paralegal with over 14 years of experience in California civi llitigation. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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									 1   Any Plaintiff
     Any Street
 2   Any Town, CA 55555

 3   714-555-5555

 4   Plaintiff, In Pro Per

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 8                                   Superior Court of the State of California

 9                                    For the County of _________________

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11   Any Plaintiff,                                  )   Case No.
                                                     )
12                     Plaintiff,                    )   OPPOSITION TO DEMURRER TO COMPLAINT;
                                                     )   MEMORANDUM OF POINTS AND
13            vs.                                    )   AUTHORITIES
                                                     )
14   Any Defendant, and DOES 1-5                     )
                                                     )
15                     Defendants.                   )
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18            Plaintiff, _____________________________________ herein submits its Opposition to
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     Defendants ________________________ Demurrer to its Complaint. _______opposes Defendants
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     ________________________ Demurrer on the grounds that its Complaint does state valid causes of
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     action, that ______________ cannot demur to causes of action alleged against other Defendants, and
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23   further that Defendants Demurrer is without merit.

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                                                    - 1 -
                                           OPPOSITION TO DEMURRER
 1           The Opposition shall be based on this Opposition, the attached Memorandum of Points and

 2   Authorities, on the complete files and records of this action, and on such other oral and/or
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     documentary evidence as may be presented at the hearing on the Motion.
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 5   Dated________________                 _______________________________________________
                                           ANY PARTY
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                                                    - 2 -
                                           OPPOSITION TO DEMURRER
 1                         MEMORANDUM OF POINTS AND AUTHORITIES

 2                                                         I.
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                                          STATEMENT OF FACTS
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             This case arises out of a purchase sale agreement entered into between
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     ______________________and ____________________.
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 7           In January 2002, ___________ entered into a purchase sale agreement with

 8   _________________ for the sale of real property located at _______________ in the City of Los
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     Angeles, California. However, at no time was _____________ informed of any name change from
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     _________________ to ____________. _______________further did not give approval of any sale
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     transfer.
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13           Plaintiff_____ filed and served their Complaint. Defendant _________________ demurred to

14   Plaintiff‟s Complaint. Only the first cause of action for breach of contract and the third cause of
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     action for declaratory relief are directed to Defendant ______________________.
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             ____________ contends that the Complaint does in fact allege sufficient facts to state causes
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     of action, and that the Complaint is not uncertain.
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19           ____________ further contends that as the second cause of action for fraud is not alleged

20   against Defendant they may not demur to that cause of action.
21           Be sure to modify these paragraphs to suit your individual situation. Do NOT just
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     use the wording here unless it definitely applies to your particular situation. Remember that
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     YOUR OPPOSITION MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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25   BEFORE THE HEARING. Court days means Monday through Friday, except for Court

26   holidays. You should serve your opposition by personal delivery or overnight mail. See Code of
27   Civil Procedure Section 1005 for more details.
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                                                    - 3 -
                                           OPPOSITION TO DEMURRER
 1                                                       II.

 2                                            LEGAL ARGUMENT
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           THE COURT SHOULD OVERRULE THE DEMURRER TO THE FIRST CAUSE OF
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          A
								
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