Sample Demurrer to Complaint for California by LegalDocsPro

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									 1   Any Defendant
     Any Street
 2   Any Town, CA 55555

 3   714-555-5555

 4   Defendant, 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,                         )   NOTICE OF DEMURRER AND DEMURRER TO
                                                          )   COMPLAINT; MEMORANDUM OF POINTS AND
13            vs.                                         )   AUTHORITIES
                                                          )
14   Any Defendant, and DOES 1-5                          )   DATE:
                                                          )   TIME:
15                     Defendants.                        )   DEPT:
                                                          )
16                                                        )
                                                          )
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18            To subscribe to my FREE California weekly legal newsletter visit
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     address. Be sure to remove this notice before using this document.
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     NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
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24   ________________________________________

25                    TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26            PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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     the above entitled court, located at ____________________________________________,
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                                    NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1   Defendant, _________________________,            will and hereby does move the Court for an order

 2   sustaining general demurrers to the first, second, third fourth, fifth and sixth causes of action in
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     Plaintiff’s Complaint.
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            This demurrer is made pursuant to California Code of Civil Procedure § 430.10(e) on the
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     grounds that the first, second, third, fourth, fifth and sixth second causes of action in Plaintiff’s
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 7   Complaint fail to state sufficient facts to constitute causes of action, and pursuant to California Code

 8   of Civil Procedure § 430.10(g) on the further grounds that the first, third and fifth causes of action
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     fail to allege whether the alleged contract or contracts are written, oral or implied by conduct.
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            This demurrer is based upon this notice of hearing of demurrer, the attached demurrer, the
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     memorandum of points and authorities, and upon such oral and documentary evidence as may be
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13   presented by Defendant upon the hearing of the demurrer.

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     DATED: ________________ ___________________________________________________
16                                 ___________________________, Defendant, In Pro Per

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                              NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
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                               DEMURRER TO PLAINTIFF’S COMPLAINT
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            Defendant, __________________________ (“Defendant”) hereby generally demurs to the
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 4   first, second, third, fourth, fifth and sixth causes of action in Plaintiff’s Complaint as follows:

 5                                        FIRST CAUSE OF ACTION
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     1.     Defendant generally demurs to the First Cause of Action for Breach of Contract on the ground
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     that it fails to allege whether the contract is written, oral, or is implied by conduct. Cal. Civ. Proc.
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     Code § 430.10(g). And further that it fails to state facts sufficient to constitute a cause of action for
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10   Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff pled the

11   essential terms of the alleged contract. Cal. Civ. Proc. Code § 430.10(e).
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                                         SECOND CAUSE OF ACTION
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            1.      Defendant generally demurs to the Second Cause of Action for Common Count for
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     Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
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16   for Common Count for Open Book Account as this cause of action is based on the same exact set of

17   circumstances pled in the First Cause of Action for breach of contract. Cal. Civ. Proc. Code §
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     430.10(e).
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                                          THIRD CAUSE OF ACTION
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            1.      Defendant generally demurs to the Third Cause of Action for Breach of Contract on
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22   the ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Cal.

23   Civ. Proc. Code § 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
24   action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
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     pled the essential terms of the alleged contract. Cal. Civ. Proc. Code § 430.10(e).
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                                        FOURTH CAUSE OF ACTION
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            1.      Defendant generally demurs to the Fourth Cause of Action for Common Count for


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