1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.
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12 Plaintiff, ) OPPOSITION TO DEMURRER TO ANSWER;
) MEMORANDUM OF POINTS AND AUTHORITIES
13 vs. )
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14 Any Defendant, and DOES 1-5 )
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15 Defendants. )
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- 1 -
OPPOSITION TO DEMURRER TO ANSWER
1 Defendant herein submits its Opposition to Plaintiff’s Demurrer to the Answer filed by
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Defendant on the grounds that the affirmative defenses alleged in the Answer do in fact state
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sufficient facts to constitute affirmative defenses, and are not uncertain.
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The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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6 Authorities, on the complete files and records of this action, and on such other oral and/or

7 documentary evidence as may be presented at the hearing on the Motion.
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9 Dated________________ _______________________________________________
Any |Attorney or Party
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- 2 -
OPPOSITION TO DEMURRER TO ANSWER
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some brief
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facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.

7 Defendant served and filed their Answer to the complaint on ___________. See the Answer of

8 Defendant on file.
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Plaintiff filed a Demurrer to the Answer alleging that the affirmative defenses alleged in the
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Answer fail to state sufficient facts to constitute affirmative defenses, and are uncertain.
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Defendant opposes the Demurrer and contends that the affirmative defenses alleged in the
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13 Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain.

14 Defendant contends that this Court should overrule the Demurrer as the law in California is
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clear that an Answer only needs to identify sufficient ultimate facts to form the basis for an
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affirmative defenses and does not need to state all the evidence that may support the claim.
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- 3 -
OPPOSITION TO DEMURRER TO ANSWER

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