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Samuel Feinstein
Samuel Feinstein, Attorney
Category: Legal
Satisfied Customers: 63
Experience:  15 years experience.
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I am the plaintiff is a civil matter in the California Superiror

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I am the plaintiff is a civil matter in the California Superiror Court. I have two defendants in my complaint, the first 5 causes of actions for a defendant, and the rest for the second. I recieved a demur and a motion to strike from one defendant's attorney demurring to causes of actions and fact not applicaible to them; they are causes of action against the other party... can I stop this? Can you point me to someone in the Code that will say there is no standing to demur to causes of actions brought against the other party, or is this permissable?
Submitted: 8 years ago.
Category: Legal
Expert:  Samuel Feinstein replied 8 years ago.
It's not really a argument worth making. If they are valid causes of actions you should just proceed with a response to the demurrer, if not amend your complaint to make them valid. The only reason you would want to make your argument is if they are not valid causes of action and cannot be made valid. Is this so?

If you want more help with this, tell me more about the demurrer, and if I can help you in a paragraph or two i will. You must first accept my response.
Customer: replied 8 years ago.
Well I do have good vaild repsonses to every part of the demur; I have been able to do the needed research in order to be able to reply. However, the attorney I am working for wants me to specifically answer this question for him, and I can't find anything one way for the other that says that when you have two defendants, one defendant cannot demur to an entire cause of action where the other defendant is named.
Expert:  Samuel Feinstein replied 8 years ago.
Oh, I see you are on a supervisor pleasing exercise.

I can't imagine that an appeals court would ever make such a finding. "Lack of standing to make an argument." It doesn't even sound constitutional. Why in the world shouldn't a lawyer be able to make an argument on behalf of a co-defendant. How can you argue that this argument won't benefit his client.

So, I really doubt you get anywhere with this, but good luck. If you want I can opt out.
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