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Sample opposition to demurrer to answer for California
Sample opposition to demurrer to answer for California
Sample opposition to demurrer to answer for California
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Sample opposition to demurrer to answer for California

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This sample opposition to a Demurrer to an Answer for California is filed by a Defendant who …

This sample opposition to a Demurrer to an Answer for California is filed by a Defendant who
contends that the Demurer to their Answer should be overruled on the grounds that the affirmative defenses alleged in the Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain. The sample on which this preview is based is 9 pages and contains brief instructions, a memorandum of points and authorities with citations to case law, and a proof of service. The author has worked in California and Federal litigation since 1995.

Published in: Law, Business, Technology
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  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. OPPOSITION TO DEMURRER TO ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES 1 1 To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 250 sample legal documents for sale by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents Be sure to remove this notice and all other notices before using this document. - 1 - OPPOSITION TO DEMURRER TO ANSWER
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant herein submits its Opposition to Plaintiff’s Demurrer to the Answer filed by Defendant on the grounds that the affirmative defenses alleged in the Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain. The Opposition shall be based on this Opposition, the attached Memorandum of Points and Authorities, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. Dated________________ _______________________________________________ Any |Attorney or Party - 2 - OPPOSITION TO DEMURRER TO ANSWER
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some brief facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file. Defendant served and filed their Answer to the complaint on ___________. See the Answer of Defendant on file. Plaintiff filed a Demurrer to the Answer alleging that the affirmative defenses alleged in the Answer fail to state sufficient facts to constitute affirmative defenses, and are uncertain. Defendant opposes the Demurrer and contends that the affirmative defenses alleged in the Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain. Defendant contends that this Court should overrule the Demurrer as the law in California is clear that an Answer only needs to identify sufficient ultimate facts to form the basis for an affirmative defenses and does not need to state all the evidence that may support the claim. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/230243645/Sample-Opposition-to- Demurrer-to-Answer-for-California - 3 - OPPOSITION TO DEMURRER TO ANSWER

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