Jump to content

Clarification upon Civil Procedure 430.30d?????


Recommended Posts

In reading some posts upon this site within the forum section; Sample Motions, Forms and Affirmative Defenses.

I was reading thru the 430.xx codes. When verifying leginfo.ca.gov

There is no such code 430.30 d.

430.30. (a) When any ground for objection to a complaint,

cross-complaint, or answer appears on the face thereof, or from any

matter of which the court is required to or may take judicial notice,

the objection on that ground may be taken by a demurrer to the

pleading.

(B) When any ground for objection to a complaint or

cross-complaint does not appear on the face of the pleading, the

objection may be taken by answer.

© A party objecting to a complaint or cross-complaint may demur

and answer at the same time.

When reviewing an entry under Sample Motions, Forms and Affirmative Defenses;

Title;

OBJECTION TO COMPLAINT

This is a pretty powerful tool, and a good preemptive strike. Most states allow it.

I read;

The Defendant, in addition to the motion to strike, would like to file an objection to the original complaint based on California Civil Code of Procedure 430.10. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:

430.10 (B) The person who filed the pleading does not have the legal capacity to sue.

430.10 (d) There is a defect or misjoinder of parties.

In regards to Section 430.30 (B), Incapacity to sue exists when there is some legal disability, such as infancy or lunacy or a want of title in the plaintiff to the character in which he sues. In this case, as stated in the motion to strike, the plaintiff has failed to provide a definitive relationship between themselves and the alleged original creditor of the alleged debt.

In regards to Section 430.30 (d), The legal definition of misjoinder of parties is the “joining as plaintiffs or defendants, persons, who have not a joint interest”. In this case, as stated in the motion to strike, the plaintiff has failed to provide a definitive relationship between themselves and the alleged original creditor of the alleged debt.

Does anyone have any info upon regards to Section 430.30 (d)?

Thanks,

Scooter..

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.