PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........Special Demurrer
............Cannot Ascertain Whether K Written or Oral
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If cannot ascertain from pleading whether contract is oral, written, or implied, opposing party may demur.

Demurrer to breach of contract cause of action properly sustained where complaint failed to allege whether K written or oral or implied by conduct, and failed to allege necessary elements of cause of action.

Demurrer properly sustained for failure to state cause of action where complaint failed to allege whether K written, oral or implied, terms of K, and performance or excuse by P.

A pleading which is sufficient as a common count is not generally subject to general demurrer or to special demurrer on the ground of uncertainty.

Code Civ. Proc. §430.10, authorizing special demurrer when not ascertainable from pleading whether K written or oral, is inapplicable in action growing out of fraud.