What is a demurrer in civil litigation?
A demurrer is a legal document used in civil litigation in California. It is used to challenge the legal sufficiency of a complaint which is brought against a defendant. It is a challenge to whether the complaint is legally sufficient to state a cause of action for which relief can be granted. A demurrer does not challenge the truth of the facts that are alleged in the complaint. Instead, it is a request to dismiss the complaint because the complaint is not legally sufficient. The court must determine if the complaint states a cause of action that is recognizable in the law and if the facts as alleged are sufficient to support the legal theories that are pled. If the court finds that the complaint is legally sufficient, the case will proceed. If the court finds that the complaint is legally insufficient, it will grant the demurrer and dismiss the complaint. The plaintiff may then be given an opportunity to amend the complaint or the court may grant a dismissal with prejudice, which means that the plaintiff may not bring the same cause of action against the defendant.
Related FAQs
What is the spoliation of evidence in civil litigation?What is an injunction in civil litigation?
What is a petition for interpleader in civil litigation?
What are the advantages and disadvantages of mediation in civil litigation?
What is an ex parte hearing in civil litigation?
What is a demurrer in civil litigation?
What is a motion in limine in civil litigation?
What is an amended pleading in civil litigation?
What is the doctrine of respondeat superior in civil litigation?
What types of damages can be awarded in civil litigation?
Related Blog Posts
What You Need to Know About Civil Litigation Law in 2021 - July 31, 2023Civil Litigation Law Explained: A Comprehensive Guide - August 7, 2023
Understanding the Role of Attorneys in Civil Litigation Law - August 14, 2023
What to Expect From the Civil Litigation Process - August 21, 2023
How to Strategize in Civil Litigation Law - August 28, 2023