Sample Special Demurrer To Complaint in California

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The document discusses a notice of demurrer and demurrer to a complaint filed in a California court. A demurrer allows a party to challenge the legal sufficiency of a complaint. This demurrer argues the causes of action in the complaint are too vague and ambiguous.

A demurrer is a pleading that allows a party to challenge the legal sufficiency of the other party's complaint. A demurrer can be filed if the complaint does not state facts sufficient to constitute a cause of action. This demurrer argues the causes of action are too vague and ambiguous to respond to.

A notice of demurrer must include the date, time, and location of the demurrer hearing. It must also reference the demurrer and any supporting documents like a memorandum of points and authorities.

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 _________________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
vs. ) COMPLAINT; MEMORANDUM OF POINTS AND
13 ) AUTHORITIES; DECLARATION OF
) ______________ REGARDING COMPLIANCE
14 Any Defendants, and DOES 1-5, inclusive, ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE 430.41
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
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)
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)
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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT


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2 the above entitled court, located at ____________________________________________,


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Defendant, _________________________, will and hereby does move the Court for an order
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sustaining special demurrers to the demurrers to the first, second, third and fourth causes of action in
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Plaintiffs Complaint.

7 The moving party has complied with the meet and confer requirements of Code of Civil

8 Procedure 430.41 as shown by the attached declaration.


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This demurrer is made pursuant to Code of Civil Procedure 430.10(f) on the grounds that
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the first, second, third and fourth causes of action in Plaintiffs Complaint are uncertain because they
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are vague and ambiguous in that STATE THE REASONS THAT THE CAUSES OF ACTION
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13 ARE VAGUE AND AMBIGUOUS.

14 The Demurrer shall be based on this notice of demurrer and the attached demurrer, the
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attached memorandum of points and authorities, the attached declaration of ________ regarding
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compliance with the meet and confer requirements of Code of Civil Procedure 430.41, on the
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complete files and records of this action, and on such other oral and/or documentary evidence as may
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19 be presented at the hearing on the Motion.

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Dated________________ ___________________________________________________
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ANY ATTORNEY OR PARTY
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT


1 DEMURRER TO PLAINTIFFS COMPLAINT
2 This demurrer is made pursuant to Code of Civil Procedure 430.10(f) on the grounds that the
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first, second, third and fourth causes of action in Plaintiffs Complaint are uncertain because they are
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vague and ambiguous to such a degree that the Moving Defendants are unable to respond.
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Moving Defendants hereby specially demur to Plaintiffs Complaint on each of the following

7 grounds:

8 DEMURRER TO FIRST CAUSE OF ACTION:


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1. The first cause of action for _____________ is uncertain as well as vague and
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ambiguous to such a degree that the Moving Defendants are unable to respond in that STATE THE
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REASONS THAT THE CAUSE OF ACTION IS VAGUE AND AMBIGUOUS.
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demurrer-to-complaint-in-california
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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