What does ruling mean on demurrer? - Legal Answers - Avvo. com A demurrer that is sustained without leave to amend means that the cause of action has been dismissed, with prejudice, and cannot again be asserted in the action A demurrer that is sustained with leave to amend means that the cause of action can be changed, or amended, to try and correct the deficencies revealed by the demurrer
Demurrer vs Motion to Dismiss? - Legal Answers - Avvo. com A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim A demurrer does not dispute the facts of the case but argues there is no legal claim even if the facts presented by the plaintiff are true
How do I (plantiff) answer to a demurrer? - Legal Answers - Avvo. com A demurrer challenges the sufficiency of the complaint Defendants believe that you made a mistake in your pleading If they are right, the court will kick your lawsuit out of court Your move is to file a Brief In Opposition to Demurrer However, I have not seen the demurrer and do not know what they are alleging
Demurrer to answer vs judgment on pleadings - Legal Answers - Avvo. com Demurrer to answer vs judgment on pleadings Unfortunately, in most cases denying allegations and boilerplate defenses should be sufficient to defeat either demurrer or judgment on the pleadings unless you have some judicial admissions you can add into the mix - and many courts do not like considering anything but the pleadings
What happens after the Court sustains a demurrer without leave to amend . . . If the demurrer disposed of all causes of action against, you should be able to obtain a dismissal However, you need to immediately analyze whether your potential cross-complaint was compulsory for purposes of Code of Civil Procedure Section 426 10 and following
Can i file an amended complaint instead of opposing a demurrer? If you amend the complaint, the demurrer becomes moot The worst that can happen is that you are required to file an opposition (or, if it's too late for that, attend the hearing) and inform the judge that a new complaint has been filed The court can't sustain a demurrer to a pleading that has been superseded
Can you file a Demurrer and an Answer (as separate pleadings) to an . . . If I am trying to demurrer to an amended complaint (my previous demurrer was sustained on one cause of action and overruled on another and plaintiffs subsequently filed an amended complaint pleading the same causes of actions again with a few new facts My question is, can I file a demurrer and a answer on the same day (as separate pleadings)?
What happens at a Demurrer hearing? - Legal Answers - Avvo. com If the court finds the demurrer has merit, to all or some of the causes of action alleged in a complaint (if you have alleged more than one), the demurrer should be sustained The question at that point is whether the plaintiff can state a cause of action in an amended pleading
Is a demurrer a responsive pleading or an answer to a complaint? - Avvo. com A demurrer is a responsive pleading that constitutes a general appearance and prevents the entry of default Because you are talking about a second amended complaint, that means you have amended your complaint either once as a matter of right, or after a demurrer has been sustained
How much time do I have to oppose a demurrer in a civil case? You have nine COURT days before the hearing to serve and file your Opposition to Demurrer If you wait until that date, you must fax, overnight mail or personally deliver your Opposition to each of the opposing sides A court day is each day that the court is open for business