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- What does ruling mean on demurrer? - Legal Answers - Avvo. com
A demurrer that is sustained without leave to amend means that the cause of action has been dismissed, with prejudice, and cannot again be asserted in the action A demurrer that is sustained with leave to amend means that the cause of action can be changed, or amended, to try and correct the deficencies revealed by the demurrer
- Can i file an amended complaint instead of opposing a demurrer?
If you amend the complaint, the demurrer becomes moot The worst that can happen is that you are required to file an opposition (or, if it's too late for that, attend the hearing) and inform the judge that a new complaint has been filed The court can't sustain a demurrer to a pleading that has been superseded
- What happens after the Court sustains a demurrer without leave to amend . . .
If the demurrer disposed of all causes of action against, you should be able to obtain a dismissal However, you need to immediately analyze whether your potential cross-complaint was compulsory for purposes of Code of Civil Procedure Section 426 10 and following
- Demurrer vs Motion to Dismiss? - Legal Answers - Avvo. com
A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim A demurrer does not dispute the facts of the case but argues there is no legal claim even if the facts presented by the plaintiff are true
- What happens at a Demurrer hearing? - Legal Answers - Avvo. com
If the court finds the demurrer has merit, to all or some of the causes of action alleged in a complaint (if you have alleged more than one), the demurrer should be sustained The question at that point is whether the plaintiff can state a cause of action in an amended pleading
- How much time do I have to oppose a demurrer in a civil case?
You have nine COURT days before the hearing to serve and file your Opposition to Demurrer If you wait until that date, you must fax, overnight mail or personally deliver your Opposition to each of the opposing sides A court day is each day that the court is open for business
- Can you file a Demurrer and an Answer (as separate pleadings) to an . . .
If I am trying to demurrer to an amended complaint (my previous demurrer was sustained on one cause of action and overruled on another and plaintiffs subsequently filed an amended complaint pleading the same causes of actions again with a few new facts My question is, can I file a demurrer and a answer on the same day (as separate pleadings)?
- What is the difference between a Motion for Summary Judgement and a . . .
A demurrer which contends that a complaint fails to state a cause of action states that the complaint, even if everything therein is true, falis to state a cause of action For example, a demurrer may contend that the complaint fails to state a cause of action for fraud In order to show fraud, you must show intentional conduct, among other things
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