What is a special demurrer in California?
A special demurrer objects to the form of the complaint and asks the court to dismiss the complaint based on lack of compliance with the rules governing the form.
What is the difference between a general demurrer and special demurrer?
A general demurrer is usually filed on one of two grounds, failure to state facts sufficient to constitute a cause of action, and the Court lacks subject matter jurisdiction. A special demurrer can be made on any one of several grounds, including uncertainty and lack of capacity to sue.
Is a demurrer a special appearance?
(1) Notwithstanding Section 1014 , no act by a party who makes a motion under this section, including filing an answer, demurrer, or motion to strike constitutes an appearance, unless the court denies the motion made under this section.
When must a demurrer be filed California?
Demurrer to an Answer: If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer. 46 This same rule applies to answers to cross-complaints.
What is special demurrer?
— special demurrer. : a demurrer that challenges the structure or form of an allegation as uncertain or ambiguous. Note: A special demurrer must specify the defect in the allegation.
What is a special appearance in California?
A special appearance is the only way to preserve objections to personal jurisdiction. For example, the party must make an appearance for the sole purpose of objecting to the court’s jurisdiction. This has to be clearly stated. The record must reflect such a special appearance claim.
Is a demurrer a general appearance California?
2 Section 410.30, subdivision (b), however, suggests a party can still make the motion after filing a demurrer or motion to strike, both of which constitute a general appearance (see section 1014; Goodwine v.
What needs to be filed with a demurrer?
A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases.
What happens if a demurrer is sustained California?
It does not appear what proceedings were taken to obtain the dismissal. The court said (p. 298): “When a demurrer to a complaint has been sustained without leave to amend, the only judgment which properly may be entered is a dismissal of the action.”