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Go to the second link I posted and look for this part:


A 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:

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