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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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 COMPLAINT;
) 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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OPPOSITION TO DEMURRER
1 Be sure to remove this notice and all other notices before using
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this document.
4 Plaintiff, _____________________________________ herein submits its Opposition to
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Defendants ________________________ Demurrer to its Complaint. _______opposes Defendants
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________________________ Demurrer on the grounds that its Complaint does state valid causes of
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8 action, that ______________ cannot demur to causes of action alleged against other Defendants, and

9 further that Defendants Demurrer is without merit.


10 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, on the complete files and records of this action, and on such other oral and/or
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documentary evidence as may be presented at the hearing on the Motion.
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Dated________________ _______________________________________________
15 ANY ATTORNEY OR PARTY

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MEMORANDUM OF POINTS AND AUTHORITIES
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27 I.

28 STATEMENT OF FACTS

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OPPOSITION TO DEMURRER
1 This case arises out of a purchase sale agreement entered into between __________________
2 and ____________________.
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In _______, ___________ entered into a purchase sale agreement with _________________ for the
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sale of real property located at _______________ in the City of Los Angeles, California.
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However, at no time was _____________ informed of any name change from

7 _________________ to ____________. _______________further did not give approval of any sale

8 transfer.
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Plaintiff_____ filed and served their Complaint. Defendant _________________ demurred to
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Plaintiffs Complaint. Only the first cause of action for breach of contract and the third cause of
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action for declaratory relief are directed to Defendant ______________________.
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13 ____________ contends that the Complaint does in fact allege sufficient facts to state causes

14 of action, and that the Complaint is not uncertain.


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____________ further contends that as the second cause of action for fraud is not alleged
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against Defendant they may not demur to that cause of action.
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18 Be sure to modify these paragraphs to suit your individual


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situation. Do NOT just use the wording here unless it definitely applies
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21 to your particular situation. Remember that YOUR OPPOSITION


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MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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24 BEFORE THE HEARING. Court days means Monday through


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26 Friday, except for Court holidays. You should serve your opposition by
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OPPOSITION TO DEMURRER
1 personal delivery or overnight mail. See Code of Civil Procedure
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Section 1005 for more details.
4 II.
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LEGAL ARGUMENT
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A. THE COURT SHOULD OVERRULE THE DEMURRER TO THE FIRST CAUSE
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OF ACTION BECAUSE IT ALLEGES SUFFICIENT FACTS TO STATE A CAUSE

9 OF ACTION FOR BREACH OF CONTRACT

10 ______________s Demurrer to the First Cause of Action contends that it is inconsistent


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because the signed counter-offers are mentioned in certain paragraphs and not in others. First of all,
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the counter-offers are in fact mentioned in paragraphs 8 and 10. It is paragraphs 9 and 11 in which
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they are not mentioned! __________ has it backwards!
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15 To view the entire 12 page document visit:


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OPPOSITION TO DEMURRER