Antioch California Order Sustaining Defendants Demurrer to Complaint with Leave to Amend

State:
California
City:
Antioch
Control #:
CA-5057-KL
Format:
Word; 
Rich Text
Instant download

Description

This form is an Order Sustaining the Defendant's Demurrer to a Complaint with Leave to Amend. The form must be signed by the issuing judge.


Antioch California is a city located in Contra Costa County, California. In legal proceedings, an order sustaining defendants' demurrer to a complaint with leave to amend refers to a court ruling where the defendants have successfully argued that the plaintiff's complaint fails to state a valid legal claim and should be dismissed. However, the court grants the plaintiff the opportunity to amend the complaint and address the identified deficiencies. In Antioch, California, defendants may file a demurrer to challenge the legal sufficiency of a complaint filed against them. When an order is issued sustaining the defendants' demurrer, it means the court agrees that the complaint lacks the necessary facts or fails to state a valid cause of action. This decision provides the plaintiff with an opportunity to correct the deficiencies and refile an amended complaint. Keywords: Antioch California, order, sustaining, defendants, demurrer, complaint, leave to amend, legal claim, dismissal, court ruling, Contra Costa County, amend the complaint. There are no specific types or variations mentioned for an Antioch California order sustaining defendants' demurrer to a complaint with leave to amend.

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FAQ

Demurrers must be filed within 30 days of service of Complaint (extensions do not extend time to demurrer) CCP § 430.40 Legal Secrets.

Demurrer to an If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer. ?46 This same rule applies to answers to cross-complaints.

(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.

A general demurrer is typically filed in response to a complaint in the following scenarios: (1) the court lacks subject matter jurisdiction; (2) the facts pleaded in the complaint do not state a cause of action; and (3) declaratory relief is not necessary or proper at the time under all the circumstances.

A general demurrer is usually filed on one of two grounds, failure to state facts sufficient to constitute a cause of action, and the Court lacks subject matter jurisdiction. A special demurrer can be made on any one of several grounds, including uncertainty and lack of capacity to sue.

§ 472, amended complaints can no longer be filed on the eve of a demurrer hearing. Instead, an amendment designed to moot a demurrer must be filed and served when the opposition to the demurrer is due.

(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,

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Antioch California Order Sustaining Defendants Demurrer to Complaint with Leave to Amend