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Any Attorney or Party
Any Street
Any Town, CA 5...
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DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT...
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Sample demurrer to first amended complaint in California

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This sample demurrer to a first amended complaint in California is filed on the grounds that the first amended complaint fails to state sufficient facts to constitute a cause of action as the causes of action are barred by the statute of limitations. The sample motion contends that the first amended complaint filed by Plaintiff relates to the same transactions that were alleged in the original complaint and asserts the same causes of action, but now, by simply using the delete button on their word processor, Plaintiff purports to have evaded the statute of limitations bar by simply omitting the inconvenient facts from the amended pleading. The sample requests that the general demurrers should be sustained without leave to amend as amendment would be futile. The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration regarding compliance with the meet and confer requirements of Code of Civil Procedure section 430.41, sample request for judicial notice and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample demurrer to first amended complaint in California

  1. 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. NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ______________ REGARDING COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF CODE OF CIVIL PROCEDURE § 430.41 [Filed concurrently with request for judicial notice] DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view sample document packages sold by LegalDocsPro visit: - 1 -
  2. 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 http://www.legaldocspro.net Be sure to remove these notices before using this document. 1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD: 1PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon after that as the matter can be heard, in Department, ___ of the above-entitled court located at _____________________________________________, Defendant, ________________________, (hereinafter referred to “Defendant”) will and hereby does move the Court for an order sustaining general demurrers to the demurrers to the first, second, third and fourth causes of action in Plaintiff’s First Amended Complaint without leave to amend. The moving party has complied with the meet and confer requirements of Code of Civil Procedure § 430.41 as shown by the attached declaration. 1This demurrer is made pursuant to Code of Civil Procedure § 430.10(e) on the grounds that the first, second, third and fourth causes of action fail to state sufficient facts to constitute a cause of action as they are barred by the statute of limitations found in Code of Civil Procedure §§ 337a, 337(1) and (2) and 339(1) as shown by the request for judicial notice and exhibits attached thereto concurrently filed and served herewith and incorporated herein by reference. The Demurrer shall be based on this notice of demurrer and the attached demurrer, the attached memorandum of points and authorities, the attached declaration of ________ regarding compliance with the meet and confer requirements of Code of Civil Procedure § 430.41, the request for judicial notice and exhibits attached thereto, concurrently filed and served herewith and incorporated herein by reference, 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 -
  3. 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 DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT This demurrer is made pursuant to Code of Civil Procedure §430.10(e) on the grounds that the first, second, third and fourth causes of action fail to state sufficient facts to constitute a cause of action as they are barred by the statute of limitations. Defendant hereby generally demurs to Plaintiff’s First Amended Complaint on each of the following grounds: DEMURRER TO FIRST CAUSE OF ACTION: 1. Pursuant to Code of Civil Procedure § 430.10(e) on the grounds that the first cause of action for breach of written contract is barred by the statute of limitations found in Code of Civil Procedure §§ 337(1). DEMURRER TO SECOND CAUSE OF ACTION: 2. Pursuant to Code of Civil Procedure § 430.10(e) on the grounds that the second cause of action for common counts-account stated is barred by the statute of limitations found in Code of Civil Procedure § 337(2). To purchase the entire 19 page document visit: https://legaldocspro.myshopify.com/products/sample-demurrer-to- first-amended-complaint-in-california - 3 -

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