Get Sample Demurrer To Complaint For Breach Of Contract

Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits "criminal threats." Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.

Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits "criminal threats." Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.

If a plaintiff files a case in superior court and the facts in the complaint do not state a cause of action (that is, they give no legal basis for the defendant to be held responsible for any damages claimed by the plaintiff), the defendant may bring a demurrer asking that the case be dismissed.

A demurrer must state, on the first page immediately below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer. (Subd (e) amended and relettered effective January 1, 2007; adopted as subd (c).)

If a plaintiff files a case in superior court and the facts in the complaint do not state a cause of action (that is, they give no legal basis for the defendant to be held responsible for any damages claimed by the plaintiff), the defendant may bring a demurrer asking that the case be dismissed.

The elements of a cause of action for breach of contract are (1) the existence of a contract, (2) plaintiff's performance or excuse for failure to perform, (3) defendant's breach and damage to plaintiff resulting from the breach by defendant.

A general demurrer directed at a complaint (or cross-complaint) may be based on any of the following grounds: Failure to state facts sufficient to constitute a cause of action (Cal. Civ. Proc. Code § 430.10(e)). Lack of subject matter jurisdiction (Cal. Civ. Proc. Code § 430.10(a)).

The notice of demurrer must identify: The demurrer hearing date, time, and location (Cal. Rules of Court, rule 3.1320(c) and 3.1110(b)). ... The name of the party filing the demurrer, as well as the name of the party that filed the pleading at issue in the demurrer.