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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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How a person stop an demurrer? California, say that i file

Customer Question

How a person stop an demurrer?
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: say that i file it before in different court small claim, civil
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Legal
Customer: replied 3 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

A demurrer is a responsive pleading to a complaint, instead of an answer; it basically states (alleges) that the complaint did not state a proper cause of action-that the plaintiff failed to set forth the required elements of the cause of action.

If granted, the case will be dismissed (thrown out).

so one needs to oppose it to stay in court.

So the plaintiff would need to find case law to support each of the elements of the underlying cause of action, and show how that applies to their complaint.

There are no standard forms; pleading paper must be used -please see the link here:

http://saclaw.org/wp-content/uploads/lrg-responding-to-a-lawsuit.pdf

section #3 has pleading paper.

At the end of that resource are additional resources that are useful for demurrer issues.

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Expert:  legalgems replied 3 months ago.

Good day. Just checking in to see how the above worked out. You can always reach out to me hear on Just Answer and I will do my best to get the requested information for you. Thank you!