Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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 ?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 8 hours by:
3/28/2018
DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 5,459
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

Are you still looking for help on your question?

Ask Your Own Business Law Question
Customer reply replied 4 months 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?

Ask Your Own Business Law Question
Customer reply replied 4 months 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.

Ask Your Own Business Law Question
Customer reply replied 4 months 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 4 months 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.

Ask Your Own Business Law Question
Customer reply replied 4 months 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 4 months 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

DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 5,459
Experience: Attorney. Well versed, understanding, friendly
Verified
DamienJD and 87 other Business Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 5,459
5,459 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,032 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

683 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
Action: Breach of contract complaint filed by me (plaintiff)
Action: Breach of contract complaint filed by me (plaintiff) in California - Amador County Filed October 30, 2017 After 30 day extension granted, Defendant filed a demurrer on December 27, 2017 Plaint… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,032 satisfied customers
I want to file a demurrer AND an-anti-SLAPP however, I can
I want to file a demurrer AND an-anti-SLAPP however, I can only use the CRS system one transaction at at time at LA Superior Court. What do I do? Do I first file the demurrer, or first file the anti-S… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I'm filing a demurrer as a cross-defendant to a defamation
Hello, I'm filing a demurrer as a cross-defendant to a defamation claim. Do I need to make a motion also to strike? Also, I'm going to pursue an anti-SLAPP claim. Do I need to wait and do at the same … read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
I need case law or statue law to help over come 1st demurrer
I need case law or statue law to help over come 1st demurrer of my complaint that unfortunately, (though verified), it was drafted with sufficient facts, I put 3 causes of action under the same headin… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If a hearing for plaintiff to demurrer defendant's cross
If a hearing for plaintiff to demurrer defendant's cross complaint is set for less than a week away and defendant was not timely served and the service of process alleges otherwise, what recourse in s… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
Issue: Plaintiff has filed a claim against defendant in
Issue: Plaintiff has filed a claim against defendant in Unlimited Civil Court (LA) for business tort & breach of contract, fraud, IIED, however, Plaintiff did not specify amount of damages and only st… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am a defendant in pro per who has filed a motion to
I am a defendant in pro per who has filed a motion to dismiss a suit for failure to bring the case to trial within the 5 year statute. I served the plaintiff and he responded timely. The judge vacated… read more
socrateaser
socrateaser
1,031 satisfied customers
I am the chief officer in a one person 2 california s corporations.
I am the chief officer in a one person 2 california s corporations. I have 3 commercial leases. One by one of my companies at one property and two leases at another property at a totally different add… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
To a law educator. This is a new question but still l don't
To a law educator. This is a new question but still l don't see the rating request to rate your service. hope this will work for you. l may or may not ask you this question before but l am not sure. L… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi. the defendants' attorney is try get all my medical record
Hi. the defendants' attorney is try get all my medical record that has nothing to do with the case filed against them. it is a medical mal practice case. Do they have a right to do this? or you want m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
JudgeLaw What is Demurrer? When is Demurrer needed to file? What
JudgeLaw What is Demurrer? When is Demurrer needed to file? What elements must have in Demurrer? Is such thing called Demurrer to Strike? Thank you… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I would like to know: 1). If a “Real Estate Purchase and
I would like to know: 1). If a “Real Estate Purchase and Sells Contract “ was signed by the BUYER and SELLER and the Seller did not own the property and did not ever own a interest in the property, Qu… read more
socrateaser
socrateaser
1,031 satisfied customers
We are involved in a Business Legal case and the defendents
We are involved in a Business Legal case and the defendents have filed a demurrer. The demurrer was held and court sustained it with leave to amend. The court found that we had to identify the people … read more
MShore Law
MShore Law
Attorney
Doctoral Degree
1,233 satisfied customers
Factual Background. In California, brother and sister are
Factual Background. In California, brother and sister are sole shareholders, officers and directors of two CA corporations, and have falling out. Both claim the other took assets. Brother files civil … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
ToCustomer An HOA filed an enforcement law suit against
ToCustomer An HOA filed an enforcement law suit against a member of the HOA. The defendant filed an answer and counter claim. The Plaintiff filed a demur to the counter claim. The counter claim consis… read more
socrateaser
socrateaser
1,031 satisfied customers
iN CALIFORNIA WHO HAS STANDING TO BE A PLAINTIFF IN A CIVIL
iN CALIFORNIA WHO HAS STANDING TO BE A PLAINTIFF IN A CIVIL LAW SUIT AND WHO DOES NOT HAVE STANDING TO BE A PLAINTIFF IN A CIVIL LAW SUITE. PLEASE CITE CASE LAW OR RULING.… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Ive been named in a lawsuit with officers of a company I do
I've been named in a lawsuit with officers of a company I do not work for, do not have a contractual obligation with, etc. I should never have been named and I have not had any responsibility toward t… read more
socrateaser
socrateaser
1,031 satisfied customers
Hi, Im plaintiff in an unlimited civil case in Orange County
Hi, I'm plaintiff in an unlimited civil case in Orange County superior court in California. I've been advised to file a dismissal with the court today, but need to know how to do it - is it a form or … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x