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In California, a demurrer must assume the truth of the facts alleged by the complaining party, but challenges the complaint as a matter of law. [5] If a demurrer is sustained regarding the form of the complaint, leave to amend is liberally granted, and denial of leave to amend may constitute an abuse of discretion. [6]
California is one of two states, the other being Virginia, which uses the demurrer as the primary pre-answer attack on the complaint. Most states and the federal courts have switched to modern "notice pleading" and use the motion to dismiss for failure to state a cause of action instead of the demurrer.
A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. Since the demurrer procedure required an immediate ...
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
State Sen. Bill Dodd, D-Napa, on Thursday announced Senate Bill 1166, which he said was meant to add oversight through investigations at California State University campuses, the University of ...
A man accused of setting off an improvised explosive device in a California courthouse, injuring at least five people and causing “significant and noticeable damage,” intended to kill deputies ...
The woman accusing Jay-Z and Sean “Diddy” Combs of sexually assaulting her when she was 13 can proceed anonymously (“at least for now”) in her lawsuit against the rappers, a judge ruled ...