Can a demurrer be filed in conjunction with a motion to strike?

Can a demurrer be filed in conjunction with a motion to strike?

However, when it is necessary to only eliminate a claim for damages, a motion to strike is filed by itself, e.g., there is no need to file a motion to strike in conjunction with a demurrer.

Can a demurrer challenge a cause of action?

Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer.

When to file a demurrer in response to an answer?

Further, a special demurrer can be filed in response to an answer in the following scenarios: (1) the answer is uncertain, ambiguous, or unintelligible; and (2) the answer does not specify the type of contract subject to the cause of action is not specified. When to File a Demurrer?

How to file a demurrer in Santa Clara County?

NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT [REQUEST FOR JUDICIAL NOTICE SUBMITTED CONCURRENTLY HEREWITH]

What’s the difference between a demurrer and a motion?

Technically, a demurrer is not a motion; a party does not file a motion for demurrer nor move the court to demur. Rather, a demurrer is a particular type of pleading and demurring is the act by which a party formally requests the court to dismiss a cause of action (claim) or the entire complaint.

to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer.

Can a demurrer be thrown out as not legally sufficient?

Demurrer. If a cause of action in a complaint does not state a cognizable claim (e.g., the claim is nonsense) or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient.

Further, a special demurrer can be filed in response to an answer in the following scenarios: (1) the answer is uncertain, ambiguous, or unintelligible; and (2) the answer does not specify the type of contract subject to the cause of action is not specified. When to File a Demurrer?