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Sample demurrer for another action pending in California

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This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample demurrer for another action pending 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 Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF DEMURRER AND DEMURRER TO 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://legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 300 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro 1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: - 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 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of the above entitled court, located at ____________________________________________, Defendant, _________________________, will and hereby does move the Court for an order sustaining special demurrers to the demurrers to the first, second, third and fourth causes of action in Plaintiff’s Complaint. 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(c) on the grounds that another action is pending between the parties upon the same causes of action in the Superior Court of California, County of ___________, Case caption of _______v. ________, Case No. ___________ 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 COMPLAINT This demurrer is made pursuant to Code of Civil Procedure §430.10(c) on the grounds that there is another action is pending between the parties upon the same causes of action. To purchase the entire 16 page document visit: https://legaldocspro.myshopify.com/products/sample-special-demurrer- to-complaint-for-another-action-pending-in-california - 3 -

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