Thank you for requesting me again.
A demurrer is, basically, the defendant answering the plaintiff's complaint by saying "so what?". DEMURRER
A Demurrer is used to tell the court that the allegations in the complaint do not provide legally sufficient reason for the defendant to be sued. A Demurrer questions only the legal sufficiency of the allegations, not their truth or the plaintiff's ability to prove them. In the Demurrer, the defendant must state what was left out of the complaint to make it legally insufficient.
The defendant can object to all or just parts of the complaint on various grounds, including:
The complaint fails to state a cause of action
The complaint is uncertain or unclear
Another action is pending between the parties for the same cause of action
The plaintiff does not have the legal capacity to sue
Additional grounds for filing a demurrer can be found at California Code of Civil Procedure § 430.10.
If the Demurrer is overruled, the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court, Rules 3.1320(g), (j)). If the Demurrer is sustained with leave to amend the complaint, the Plaintiff can correct the errors in the complaint, serve the Defendant with an Amended Complaint, and the case will proceed. If the Demurrer is sustained without leave to amend the complaint, the case is usually dismissed.
A Motion to Strike is similar to a Demurrer, in that it challenges defects in the complaint. However, the two pleadings challenge different types of defects. A Demurrer is used to challenge the legal sufficiency or clarity of the claims. A Motion to Strike is used to challenge improper or irrelevant information, or complaints not made in conformity with laws, rules, or court orders. Additionally, a Demurrer is used only to attack entire causes of action, while a Motion to Strike can be used to attack a specific portion of a cause of action.
If the Motion to Strike is sustained with leave to amend the complaint, the Plaintiff can file and serve an Amended Complaint, and the case will proceed. If the Motion to Strike is denied, the defendant may file an Answer.
I hope this is helpful.