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In a Civil Law suit for quit title, what is required for the…

In a Civil Law suit...
In a Civil Law suit for quit title, what is required for the Defendant to file a Demurrer ?
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Answered in 8 hours by:
3/28/2018
Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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Customer reply replied 29 days ago
The defendant filed a Demurrer, against the Plaintiffs action and the Plaintiffs action was dismissed. What did the Plaintiff to wrong or what should the Plaintiff have done to keep his complaint complaint from being dismissed. Because the defendant having not right to do so caused a deed to be recorded that convey the property out of the Plaintiffs name.

Did the Judge issue a decision and order? Was it with or without prejudice?

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Customer reply replied 29 days ago
The one that can be refiled.

That's good. Was there a decision outlining why the case was dismissed without prejudice? What was the rationale of the defendant's motion? There could be various reasons why the case was dismissed but that you can re-file.

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Customer reply replied 29 days ago
OK I need to read the rationale of the defendant's motion? and what the Judge said to see what caused the plaintiff case to be dismissed.
Customer reply replied 29 days ago
Are there some rules that a complaint must comply with to keep from being dismissed?

Yes. Usually, dismissal is for the following reasons:

... (e) the pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.”

Here is the full applicable rule:

California Code, Code of Civil Procedure - CCP § 430.10

The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30 , to the pleading on any one or more of the following grounds:

(a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.

(b) The person who filed the pleading does not have the legal capacity to sue.

(c) There is another action pending between the same parties on the same cause of action.

(d) There is a defect or misjoinder of parties.

(e) The pleading does not state facts sufficient to constitute a cause of action.

(f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.

(g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.

(h) No certificate was filed as required by Section 411.35 .

(i) No certificate was filed as required by Section 411.36.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 29 days ago
Please do what you attorney's do so that I can click on the California Code, Code of Civil Procedure - CCP § 430.10, and Section 411.35, Section 411.36. and read them.
Customer reply replied 29 days ago
The Civil Procedure - CCP § 430.10, will usually be blue or in color and I click it the code comes on the screen for me to read.

Let me know if this works when you copy and paste to search, the site has links to the civil procedure code. You can look down the page for the appropriate section. (I wish I could be more tech savvy for you.)

http://www.search-california-law.com/research/titletoc/ca/CCP/index.html

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards

Damien Bosco
Damien Bosco, Attorney
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