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I'm trying to do some legal research on whether someone can…

I'm trying to do...

I'm trying to do some legal research on whether someone can file multiple demurrers on diff. grounds to same cause of action pled in the same fashion

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ca

Lawyer's Assistant: Has anything been filed or reported?

Yes

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Answered in 5 hours by:
11/21/2017
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,792
Experience: attorney at self
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Thank you for your question.

Are you taking about one demurrer with multiple reasons stated, or a series of demurrers to a series of amended complaints?

Please describe the situation a little more.

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Customer reply replied 7 months ago
I alleged breach of a written k and oral k and conversion. The claim of conversion is sustained others overruled. I amended and dropped the conversion claim. Now it is demurrering to same breach of k claims (nothing changed) and setting forth new arguments.

The defendant is not allowed to file a new demurrer to the amended complaint if the grounds of the demurrer could have been raised in the demurrer to the first complaint.

Code of Civil Procedure § 430.41

"(b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer."

I hope this information is helpful.

N Cal Atty
N Cal Atty, Lawyer
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