PRETRIAL ADJUDICATION
...Demurrers
......Orders
.........Generally
7 Cards On This Topic:

Specific rules adopted for preparation, approval and submission of proposed order.

No uniform rule or practice for preparing orders after hearing.

Abuse of discretion to order counsel other than prevailing party’s counsel to prepare order.

Contents of order sustaining demurrer.

Trial court required to include in order specific reasons for sustaining demurrer; judicial notice of prior case and case law on which decision based insufficient.

Failure to specify reasons for sustaining demurrer not reversible error: Validity of court’s action in sustaining demurrer is reviewable, not statement of reasons.

Failure to specify reasons for sustaining demurrer not reversible error and may be waived; P waived requirement by failing to notify court below of failure.