PRETRIAL ADJUDICATION
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Demurrers
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Hearing on Demurrer
.........Oral Argument & Evidence
8 Cards On This Topic:
Law and motion calendar conducted by declaration/requests for judicial notice unless court orders otherwise for good cause.
First page of moving papers must include date, time, and location of hearing and name of judge (if ascertainable), among other requirements.
Court reporter at demurrer hearing.
Mere allegation of extrinsic evidence doesn't require overruling demurrer: court considers parol evidence allegations, but unless they support interpretation to which K is reasonably susceptible, it must sustain demurrer.
Trial court ruling on a demurrer cannot take judicial notice of the proper interpretation of a document submitted in support of the demurrer.
Oral argument should be permitted in complex motions involving important issues.
Oral argument is generally matter of privilege, not right, in hearings on law and motion matters.
However, oral argument mandatory where due process involved.