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NEED HELP, Calif Notice of Motion to Demurrer

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I need to know how to fill this out, I can not find a sample anywhere, I have the Demurrer complete and the court sent me home to get this cover sheet she called "Notice of Motion on Demurrer".

Help....need to turn this in tomorrow.


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Please check your local rules and Cal Rule of COurt 2.100 et seq but something like this should do the trick:


PLEASE TAKE NOTICE: that on [date] at [time], in Department [number] of this Court located at [address], defendant's demurrer, pursuant to Code of Civil Procedure section 430.10 [insert subdivision, if any], to plaintiff's complaint will be heard. The demurrer is based upon this notice, the demurrer to the complaint and the memorandum of points and authorities attached thereto, and the records and files in this action.

Defendant demurs to the complaint on the ground that [Fill IN e.g. the complaint does not state facts sufficient to constitute a cause of action against defendant.]

Dated: _________________ Defendant_____


In Propria Persona

Note: Just found an exemplar here: http://www.kinseylaw.com/attyserv/civil/lawmotion/nothrgdem.html

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Did it get filed? What is your hearing date?

Remember to calculate the last day for the plaintiff to oppose the motion and your last day to file a reply brief (Cal. Code of Civil Procedure 1005 (B)).

Finally, some counties have a tentative ruling system. If so, you must call a certain phone number X days before the hearing (or go on line and view a ruling). If you disagree with the tentative ruling, you must call the Court and opposing counsel to let them know you intend to appear at the hearing and argue the motion. Check your local rules to find out whether your Court has such a system.

Good luck.

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