PRETRIAL ADJUDICATION
...Demurrers
......Pleadings to Which Demurrer May be Taken
6 Cards On This Topic:
  • Demurrer lies only for defects that appear on face of complaint, cross-complaint or answer or which may be judicially noticed.
  • Demurrer for one of three lessees reversed as parties jointly and severally liable on an obligation may be sued in separate actions; joint and several liability does not implicate the primary rights doctrine.
  • D cannot allege facts in demurrer which, if true, would defeat complaint. Judicial notice intended to cover only facts not reasonably subject to dispute.
  • Demurrer is pleading that attacks legal sufficiency of complaint, cross-complaint, or answer.
  • Substantive defect appearing on face of complaint but involving only portion of cause of action, subject to motion to strike not demurrer.
  • General demurrer to complaint or cross-complaint discussed.