What is an example of a demurrer?
Asked by: Mellie Boyer | Last update: May 1, 2025Score: 4.5/5 (12 votes)
Examples of Demurrer Sammy receives a legal complaint from his ex-wife stating that he violated an order under the statute that prohibits a violation to the terms regarding domestic violence. The complaint, however, does not provide sufficient evidence regarding how Sammy explicitly violated the terms of the order.
What are the reasons for demurrer?
Uncertainty Resulting in a Lack of Notice, Penal Code section 1004(2) – A demurrer is the proper way to challenge the pleading on the grounds that it lacks specificity and does not contain sufficient information about the alleged crime to give the defendant proper notice of what he or she is accused of.
What is a demurrer in simple terms?
(dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit.
What is an example of a general demurrer?
Remember, a demurrer is an objection to a complaint, and a general demurrer objects on the grounds of legal insufficiency. For example, let's say that Bob ordered his usual burger at Big Burger, but the restaurant made it with their new electric grill as opposed to the flame broiler grill they had used for years.
Which of the following statements defines a demurrer?
A demurrer is a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action.
Legal definition of Demurrer
What are the grounds for demurrer?
- The answer does not state facts sufficient to constitute a defense;
- The answer is uncertain (“uncertain” includes ambiguous and unintelligible); and.
What is demurrer to evidence based on?
Under Rule 119 of the Revised Rules of Criminal Procedure, after the prosecution rests its case, the accused may file a motion for demurrer to evidence on the ground of insufficiency of evidence. If granted, the court will acquit the accused without the need for the defense to present its evidence.
Is a demurrer a motion or pleading?
Technically, a demurrer is not a motion; a party does not file a motion for demurrer nor move the court to demur. Rather, a demurrer is a particular type of pleading and demurring is the act by which a party formally requests the court to dismiss a cause of action (claim) or the entire complaint.
How do you win a demurrer?
The Plaintiff is not required to actually prove anything to win a Demurrer — he or she can simply allege facts without proof, and usually so long as these facts, if true would constitute a valid claim, the Plaintiff will defeat the Demurrer.
What happens after a demurrer is filed?
When a demurrer is filed, a hearing date is set and arguments are made. If the demurrer is granted then the Plaintiff has to add information to his complaint and re-file. There may then be another demurrer if there's still not enough information.
How long can a demurrer be?
Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter.
What happens if a demurrer is overruled?
(g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer. (Amended by Stats. 2023, Ch. 478, Sec.
Can you oppose a demurrer?
At least 9 court days before the hearing date, the opposition to the demurrer must be filed and served on all parties that have appeared in the action.
Can you file a demurrer instead of an answer?
Often, defendants will not immediately file an Answer, but instead will file what is called a “Demurrer.” A Demurrer asks the court to decide whether some or all of the plaintiff's Complaint has been pleaded with legal sufficiency, i.e., has been drafted correctly.
Does a demurrer require a declaration?
(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the ...
What is the difference between a demurrer and a motion to quash?
A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice. A Motion to Quash Service is filed when the tenant says that the landlord didn't serve the Summons and Complaint properly.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
What are the two types of demurrer?
- A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue .
- A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action.
What are the grounds for demurrer to answer?
A demurrer may be made to an answer that does not state facts sufficient to constitute a defense or is uncertain. (§§ 430.20(a), 430.20(b).) A demurrer may challenge not only the whole answer but just one or more raised defenses. (§ 430.40(b).)
Why file a demurrer?
A demurrer is utilized to challenge a defect in the pleadings that can be resolved as a matter of law – most commonly the legal sufficiency of the factual allegations in the complaint, e.g., the complaint does not state facts sufficient to constitute a cause of action.
What happens if you sue the wrong party?
The term “misjoinder,” on the other hand, refers to the situation where a plaintiff names a completely incorrect party. In this situation, the plaintiff has filed a lawsuit against a person or entity who should not have been included in the lawsuit. This is the more serious mistake that often results in dismissal.
What is an example of a demurrer to a complaint?
A Demurrer
For example, you could argue that the plaintiff should lose because they filed the lawsuit after the deadline (statute of limitations).
What happens when a demurrer is granted?
If a demurrer is granted, then the case will usually be dismissed. A demurrer can be amended if the judge determines that the case is valid but more facts are needed from the plaintiff to support the case. The judge will give the plaintiff extra time to strengthen their case.
How do you argue a demurrer?
- If you have four arguments for demurrer, address strongest one first, then go down in descending order of strength.
- If you have one really solid basis, don't waste space/credibility with marginal arguments.
- If opposing, take on defendant's strongest argument first and eviscerate it.
Does filing a demurrer stay discovery?
The court will not stay all discovery simply because a party has filed a demurrer or motion to strike. California law permits discovery to proceed while the pleadings develop.