Legal Demurrer Form

LEGAL DEMURRER

Court:   Case No.:
Plaintiff:   Defendant:

Demurrer filed by:   Counsel of Record:

Recitals

WHEREAS, Plaintiff filed a complaint in the above-captioned action on alleging causes of action identified as: ; and

WHEREAS, Defendant contends the complaint fails to state facts sufficient to constitute a cause of action, contains defects and uncertainties, and/or asserts claims barred by applicable law or procedural requirements; and

WHEREAS, Defendant seeks relief by way of demurrer under the procedural rules permitting challenge to the legal sufficiency of pleadings and for such other and further relief as the Court deems proper;

Now Therefore

NOW THEREFORE, Defendant hereby demurs to the Complaint pursuant to the applicable rules of civil procedure and state law on the grounds and for the reasons set forth in the numbered paragraphs below.

1. Basis for Demurrer — Failure to State a Claim

The Complaint, on its face, fails to state facts sufficient to constitute a cause of action for one or more of the claims alleged. The pleading does not allege essential elements of the asserted cause(s) of action, including but not limited to: . Accordingly, those claims are subject to a demurrer and should be sustained without leave to amend unless amendment would cure the substantive defect.

2. Grounds — Uncertainty and Ambiguity

The Complaint contains allegations that are uncertain, ambiguous, vague or unintelligible in material respects and fail to provide reasonable notice of the claims and the factual basis thereof. Specific ambiguous or uncertain allegations include: . For this reason, the Complaint should be stricken or the pleading ordered clarified.

3. Grounds — Failure to Join Necessary Party / Jurisdictional Defect

The Complaint fails to join a necessary or indispensable party whose presence is required for just adjudication, specifically: . Additionally, the pleading may present jurisdictional defects indicated by: .

4. Statute of Limitations and Affirmative Defenses

One or more causes of action are barred by the applicable statute(s) of limitation. The facts supporting that defense include: . Defendant expressly pleads statute of limitations and any other affirmative defenses available under law.

5. Statement of Facts in Support of Demurrer

6. Authorities and Legal Argument

Defendant relies upon controlling statutes, rules and legal principles demonstrating that the Complaint is legally insufficient. Authorities relied upon include: . The legal analysis supporting this demurrer is set forth in the memorandum and the argument sections below, demonstrating that the elements of the asserted claims are not adequately pleaded and that dismissal is warranted.

7. Prayer for Relief

WHEREFORE, Defendant requests the Court to enter an order as follows:

1. That the Court sustain the demurrer to the Complaint in whole or in part on the grounds stated above; and

2. That the Court dismiss the affected cause(s) of action with prejudice    without prejudice    with leave to amend as the Court deems appropriate; and

3. For costs of suit, reasonable attorneys' fees to the extent authorized by statute or contract, and such other and further relief as the Court deems just and proper.

8. Verification and Declaration

I declare under penalty of perjury under the laws of the state in which this pleading is filed that the foregoing is true and correct to the best of my knowledge, information and belief.

9. Certificate of Service

I hereby certify that on I served a true and correct copy of this Demurrer on the parties listed below by the following method(s):

Method of service: Mail    Electronic Service    Personal Delivery

10. Miscellaneous Provisions

Notices: Any notice required or permitted to be given under this Demurrer shall be in writing and shall be delivered to the contact information provided above. Notice is effective upon personal delivery, upon confirmed electronic transmission, or three days after deposit in the United States mail addressed as provided.

Amendments and Waiver: No amendment or waiver of any provision of this Demurrer shall be effective except by a writing signed by the party against whom enforcement is sought. The failure to enforce any provision shall not constitute a waiver of future enforcement of such provision or any other provision.

Counterparts: This Demurrer may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

Governing Law; Entire Document; Severability

Governing Law: This Demurrer shall be governed by and construed in accordance with the laws of the state in which the action is pending.

Entire Document: This Demurrer, together with any memorandum and exhibits filed in support, constitutes the entire pleading of the moving party with respect to the matters addressed herein.

Severability: If any provision of this Demurrer is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Sign Now