Any Street
2 Any Town, CA 55555
3 714-555-5555
4 An Attorney or Party
10
20
To subscribe to my FREE weekly legal newsletter visit
21
28 visit http://www.legaldocspro.net
- 1 -
NOTICE OF DEMURRER AND DEMURRER TO ANSWER
1 TO DEFENDANT ______________________, AND THEIR ATTORNEYS OF RECORD:
2
PLEASE TAKE NOTICE that on __________________, at _______ .M., or as soon after that
3
as the matter can be heard, Department, ___ of the above-entitled court located at
4
_____________________________________________, plaintiff will and does demur to the answer
5
6 of defendant to the complaint of plaintiff on the grounds that none of the affirmative defenses in the
7 answer state sufficient facts to constitute a defense to the complaint, or any cause of action contained
8
therein, and further that all of the affirmative defenses in the answer are uncertain.
9
The Demurrer shall be based on this notice of demurrer and the attached demurrer, the
10
attached memorandum of points and authorities, the attached declaration of ________ regarding
11
12 compliance with the meet and confer requirements of Code of Civil Procedure 430.41, on the
13 complete files and records of this action, and on such other oral and/or documentary evidence as may
14 be presented at the hearing on the Motion.
15
16 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
17
18
19
20
21
22
23
24
25
26
27
28
- 2 -
NOTICE OF DEMURRER AND DEMURRER TO ANSWER
1 PLAINTIFFS DEMURRER TO ANSWER BY DEFENDANTS
2 Plaintiff, ________________________ hereby demurs to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th,
3
10th, 11th, 12th, 13th, 14th, and15th affirmative defenses in Defendants answer to the complaint of
4
plaintiff as follows:
5
6
FIRST AFFIRMATIVE DEFENSE
7 1. The first affirmative defense that the complaint fails to state a cause of action against
8 any Defendant, as pled in Defendants Answer (Answer) on file herein, fails to state sufficient facts
9
to constitute a defense to the Complaint, or to any of the causes of action therein. Cal. Civ. Proc.
10
Code 430.20(a) (West Supp. 2008).
11
2. The first affirmative defense, as pled in Defendants Answer on file herein is
12
25 Answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes
26 of action therein, . Cal. Civ. Proc. Code 430.20(a) (West Supp. 2008).
27
28
- 3 -
NOTICE OF DEMURRER AND DEMURRER TO ANSWER
1 6. The third affirmative defense as pled in Defendants Answer on file herein is
2 uncertain. Cal. Civ. Proc. Code 430.20(b) (West Supp. 2008).
3
FOURTH AFFIRMATIVE DEFENSE
4
7. The fourth affirmative defense based on the doctrine of waiver, as pled in Defendants
5
6
answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes of
7 action therein. Cal. Civ. Proc. Code 430.20(a) (West Supp. 2008).
11
To purchase the entire 15 page document visit:
12
https://legaldocspro.myshopify.com/products/sample-demurrer-to-
13
14 answer-for-california
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
NOTICE OF DEMURRER AND DEMURRER TO ANSWER