GCW Posted April 2, 2009 Report Share Posted April 2, 2009 I need to file a Demurrer but cant find electronicly the proper form to fill out. As I understand it I use the numbered line form. Can someone point me in the right direction?Thanks Link to comment Share on other sites More sharing options...
DebtLawRookie Posted April 2, 2009 Report Share Posted April 2, 2009 I went to google and typed "sample california Demurrer" and this was the first to pop up:http://www.quojure.com/samples/archives/contractors.htmtheres more at other sites too, so hopefully you can tailor the samples to your situation. Good luck. Link to comment Share on other sites More sharing options...
DebtLawRookie Posted April 2, 2009 Report Share Posted April 2, 2009 Heres another:http://www.saclaw.lib.ca.us/pages/responding-lawsuit.aspx Link to comment Share on other sites More sharing options...
GCW Posted April 2, 2009 Author Report Share Posted April 2, 2009 Thanks but I have the text I need the correct form to put it on....can anyone help there?Thanks again Link to comment Share on other sites More sharing options...
DebtLawRookie Posted April 2, 2009 Report Share Posted April 2, 2009 Go to the second link I posted and look for this part:DEMURRERA Demurrer is used to tell the court that the allegations in the complaint do not provide legally sufficient reason for the defendant to be sued. A Demurrer questions only the legal sufficiency of the allegations, not their truth or the plaintiff's ability to prove them. In the Demurrer, the defendant must state what was left out of the complaint to make it legally insufficient. The defendant can object to all or just parts of the complaint on various grounds, including:The complaint fails to state a cause of action The complaint is uncertain or unclear Another action is pending between the parties for the same cause of action The plaintiff does not have the legal capacity to sue Additional grounds for filing a demurrer can be found at CCP 430.10. If the Demurrer is overruled, the Defendant must file an Answer to the original Complaint within 10 days (CRC Rules 3.1320(g), (j)). If the Demurrer is sustained, the Plaintiff can correct the errors in the Complaint, re-serve the Defendant, and the case will proceed. And then notice that it states:More Information and Forms:There are no fill-in-the-blanks Demurrer forms. You must create your own Demurrer on pleading paper. You can find sample Demurrers in the following resources: Link to comment Share on other sites More sharing options...
merrybucks Posted April 2, 2009 Report Share Posted April 2, 2009 I need to file a Demurrer but cant find electronicly the proper form to fill outYou can find a sample at http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142&page=4Use it as an example don't just copy and paste. Make sure you understand what you are filing. Link to comment Share on other sites More sharing options...
GCW Posted April 2, 2009 Author Report Share Posted April 2, 2009 Thats what I am looking for but did not know the name "Pleading Paper" . Any help on this?Thanks Link to comment Share on other sites More sharing options...
GCW Posted April 2, 2009 Author Report Share Posted April 2, 2009 never mind, found it. Really helps to have the correct name of the form I need!Thanks again everyone Link to comment Share on other sites More sharing options...
calawyer Posted April 3, 2009 Report Share Posted April 3, 2009 Sorry didn't see this until now. There is no magic to pleading paper. Microsoft word will do it for you. Here are the instructions:http://www.saclaw.lib.ca.us/pages/creating-pleadings.aspx Link to comment Share on other sites More sharing options...
Recommended Posts