1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
) FIRST AMENDED COMPLAINT; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES; DECLARATION
) OF ______________ REGARDING
14 Any Defendant, and DOES 1-5 ) COMPLIANCE WITH MEET AND CONFER
) REQUIREMENTS OF CODE OF CIVIL
15 Defendants. ) PROCEDURE 430.41
)
16 ) [Filed concurrently with request for judicial
) notice]
17 )
)
18 ) DATE:
) TIME:
19 ) DEPT:
)
20 )

21

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 1 http://www.legaldocspro.net
2

3
Be sure to remove these notices before using this document.
4 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
5
PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon after
6
that as the matter can be heard, in Department, ___ of the above-entitled court located at
7

8 _____________________________________________, Defendant, ________________________,

9 (hereinafter referred to Defendant) will and hereby does move the Court for an order sustaining
10
general demurrers to the demurrers to the first, second, third and fourth causes of action in Plaintiffs
11
First Amended Complaint without leave to amend. The moving party has complied with the meet and
12
confer requirements of Code of Civil Procedure 430.41 as shown by the attached declaration.
13

14 This demurrer is made pursuant to Code of Civil Procedure 430.10(e) on the grounds that

15 the first, second, third and fourth causes of action fail to state sufficient facts to constitute a cause of
16 action as they are barred by the statute of limitations found in Code of Civil Procedure 337a,
17
337(1) and (2) and 339(1) as shown by the request for judicial notice and exhibits attached thereto
18
concurrently filed and served herewith and incorporated herein by reference.
19

20
The Demurrer shall be based on this notice of demurrer and the attached demurrer, the

21 attached memorandum of points and authorities, the attached declaration of ________ regarding

22 compliance with the meet and confer requirements of Code of Civil Procedure 430.41, the request
23
for judicial notice and exhibits attached thereto, concurrently filed and served herewith and
24
incorporated herein by reference, on the complete files and records of this action, and on such other
25
oral and/or documentary evidence as may be presented at the hearing on the Motion.
26

27 Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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 1 DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT
2 This demurrer is made pursuant to Code of Civil Procedure 430.10(e) on the grounds that the
3
first, second, third and fourth causes of action fail to state sufficient facts to constitute a cause of
4
action as they are barred by the statute of limitations.
5

6
Defendant hereby generally demurs to Plaintiffs First Amended Complaint on each of the

7 following grounds:

8 DEMURRER TO FIRST CAUSE OF ACTION:

9
1. Pursuant to Code of Civil Procedure 430.10(e) on the grounds that the first cause of
10
action for breach of written contract is barred by the statute of limitations found in Code of Civil
11
Procedure 337(1).
12

13 DEMURRER TO SECOND CAUSE OF ACTION:

14 2. Pursuant to Code of Civil Procedure 430.10(e) on the grounds that the second cause
15
of action for common counts-account stated is barred by the statute of limitations found in Code of
16
Civil Procedure 337(2).
17

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21 amended-complaint-in-california
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