Demurrer

A demurrer in California is a legal objection to a pleading, typically used to challenge the sufficiency of the opposing party’s complaint or response. It asserts that even if all the allegations in the pleading are true, they do not present a valid legal claim or defense.

Purpose

• Testing Sufficiency: A demurrer is primarily used to test whether the opposing party’s pleading states a valid cause of action or defense.
• Legal Deficiency: It focuses on legal issues rather than factual disputes, arguing that the pleading fails to meet legal standards.

Types of Demurrers

• General Demurrer: This challenges the entire pleading, claiming it is insufficient as a matter of law. Common grounds include:
  • Lack of jurisdiction
  • Failure to state a cause of action
  • Ambiguity or uncertainty
• Special Demurrer: This targets specific defects, such as:
  • Misjoinder or nonjoinder of parties
  • Lack of clarity or specificity
  • Failure to plead facts supporting the cause of action

Process

• Filing: A demurrer is filed with the court, usually along with a memorandum of points and authorities explaining the legal basis for the objection.
• Notice: The opposing party must be given notice of the demurrer and the scheduled hearing date.
• Hearing: The court holds a hearing where both parties can present their arguments. The judge will consider the demurrer based on the legal issues raised.

Outcomes

• Sustained: If the court agrees with the demurrer, it may sustain it, often allowing the opposing party a chance to amend their pleading to address the deficiencies.
• Overruled: If the court finds the pleading sufficient, it will overrule the demurrer, and the case will proceed.

Importance

• Efficient Resolution: Demurrers can lead to a quicker resolution of cases by dismissing insufficient claims early in the litigation process.
• Clarifying Issues: They help clarify legal issues and set the stage for the subsequent stages of the case.

Examples

• The plaintiff gave money to the defendant and alleges in the complaint that the defendant did not pay the money back. But, the plaintiff never alleged in the complaint that there was actually an agreement to pay the money back. In this case, if the plaintiff claims at the hearing that the plaintiff lent the money to the defendant, the court will likely sustain the demurrer and allow the plaintiff to amend the complaint to allege that the money was given as a loan under an agreement.
• On the other hand, in the above example, the plaintiff claims at the demurrer hearing that there was never an agreement to pay back the money. In this case, if the plaintiff is suing for breach of contract, there is no way the plaintiff can ever prevail, even if the defendant admits he received the money, because no contract existed that obligated the defendant to pay back the money. The demurrer will likely be sustained in this case.
• Even though the demurrer to the cause of action for breach of contract may be sustained, the plaintiff might have also alleged other causes of action, based on equity, for example, that seek to recover the money on other legal bases, despite no express agreement to pay it back.

Conclusion

Demurrers are routinely filed in civil lawsuits but can be a powerful tool if used properly. Ensuring a complaint can withstand demurrer allows a plaintiff to proceed with the lawsuit. Conversely, a demurrer might be used to eliminate a meritless lawsuit altogether.

For a confidential consultation with an experienced Los Angeles litigation attorney, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.