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

Pleading which is uncertain (ambiguous and unintelligible) is ground for demurrer.

Sustaining of Dept. of Toxic Substances Control's demurrer for uncertainty reversed where landowner stated a C/A for lien imposition on her property without DP of law.

Demurrer for uncertainty strictly construed; some uncertainty in pleading acceptable because ambiguities can be clarified through discovery.

Special demurrer for uncertainty improper where complaint’s substantive factual allegations sufficiently apprised D of issues even though it fell short of model pleading.

Special demurrer for uncertainty proper where P failed to specify names and capacities of county "assistants" who allegedly misinformed P of applicable SOL.

Recitals, references to, or allegations of material facts which are left to surmise are subject to special demurrer for uncertainty.

Demurrer for uncertainty properly sustained where terms of oral K as pleaded were contradictory and P refused to state specific date of indebtedness.

Special demurrer for uncertainty does not lie when allegations of complaint are sufficiently clear to apprise D of issues in case.

Special demurrer should not be sustained if allegations sufficiently clear to apprise D of issues that must be met, even if allegations of complaint not as clear and detailed as might be desired.