PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........Special Demurrer
............Another Action Pending
9 Cards On This Topic:

Another action pending is ground for demurrer.

Pendency of another action between same parties for same cause is ground for demurrer only when substantial identity of causes of action apparent on face of complaint.

Special demurrer for another action pending lies only when action pending in California, not out-of-state.

Pendency of another action arising out of same transaction is ground for abatement of second action filed but never for abatement of first.

Where prior action involving parties affords different remedy and actions are not between same parties, demurrer for another action pending should not be sustained.

Sustaining demurrer and dismissing unlawful detainer because lessee’s declaratory relief action pending in other county improper where parties not identical.

Proper order after sustaining demurrer on basis of other action pending is abatement, not dismissal, of second action.

Rule that ct. which first assumes jurisdiction retains jurisdiction to exclusion of other courts did not apply to bar unlawful detainer action.

Pendency of another action not ground for abatement where other action not "pending," but filed after instant action.