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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

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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.
)
12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
) COMPLAINT; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES; DECLARATION OF
) ______________ REGARDING COMPLIANCE
14 Any Defendant, and DOES 1-5 ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE § 430.41
15 Defendants. )
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
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25 Be sure to remove these notices before using this document.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
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________________________________________
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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the above entitled court, located at ____________________________________________,
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Defendant, _________________________, will and hereby does move the Court for an order
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sustaining general demurrers to the first, second, third fourth, fifth and sixth causes of action in

7 Plaintiff’s Complaint. The moving party has complied with the meet and confer requirements of

8 Code of Civil Procedure § 430.41 as shown by the attached declaration.
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This demurrer is made pursuant to Code of Civil Procedure § 430.10(e) on the grounds that
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the first, second, third, fourth, fifth and sixth second causes of action in Plaintiff’s Complaint fail to
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state sufficient facts to constitute causes of action, and pursuant to Code of Civil Procedure §
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13 430.10(g) on the further grounds that the first, third and fifth causes of action fail to allege whether

14 the alleged contract or contracts are written, oral or implied by conduct.
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This demurrer is based upon this notice of hearing of demurrer, the attached demurrer, the
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memorandum of points and authorities, the attached declaration of ________ regarding compliance
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with the meet and confer requirements of Code of Civil Procedure § 430.41, and upon such oral and
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19 documentary evidence as may be presented by Defendant upon the hearing of the demurrer.

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DATED: ________________ ___ ___________________________________________________
22 Any Attorney or Party

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
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DEMURRER TO PLAINTIFF’S COMPLAINT
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3 Defendant, __________________________ (“Defendant”) hereby generally demurs to the

4 first, second, third, fourth, fifth and sixth causes of action in Plaintiff’s Complaint as follows:
5 FIRST CAUSE OF ACTION
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1. Defendant generally demurs to the First Cause of Action for Breach of Contract on the
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ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code of
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Civil Procedure § 430.10(g). And further that it fails to state facts sufficient to constitute a cause of

10 action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff

11 pled the essential terms of the alleged contract. Code of Civil Procedure § 430.10(e).
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SECOND CAUSE OF ACTION
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1. Defendant generally demurs to the Second Cause of Action for Common Count for
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Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
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16 for Common Count for Open Book Account as this cause of action is based on the same exact set of

17 circumstances pled in the First Cause of Action for breach of contract. Code of Civil Procedure §
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430.10(e).
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THIRD CAUSE OF ACTION
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1. Defendant generally demurs to the Third Cause of Action for Breach of Contract on
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22 the ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code

23 of Civil Procedure § 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
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action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
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pled the essential terms of the alleged contract. Code of Civil Procedure § 430.10(e).
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FOURTH CAUSE OF ACTION
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28 1. Defendant generally demurs to the Fourth Cause of Action for Common Count for

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
2 for Common Count for Open Book Account as this cause of action is based on the same exact set of
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circumstances pled in the Third Cause of Action for breach of contract. Code of Civil Procedure §
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430.10(e).
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FIFTH CAUSE OF ACTION

7 1. Defendant generally demurs to the Fifth Cause of Action for Breach of Contract on the

8 ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code of
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Civil Procedure § 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
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action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
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pled the essential terms of the alleged contract. Code of Civil Procedure § 430.10(e).
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13 SIXTH CAUSE OF ACTION

14 1. Defendant generally demurs to the Sixth Cause of Action for Common Count for
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Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
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for Common Count for Open Book Account as this cause of action is based on the same exact set of
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circumstances pled in the Fifth Cause of Action for breach of contract. Code of Civil Procedure §
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19 430.10(e).

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Be sure to modify these paragraphs to suit your individual
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22 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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25 DATED: __________________ ___________________________________________________
Any Attorney or Party
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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PRELIMINARY STATEMENT
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Plaintiff, ______________________(“Plaintiff ) filed their complaint against
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Defendant, _____________________ (“Defendant”). The complaint has six causes of action, (1)

7 Breach of Contract; (2) Common Count for Open Book Account; (3) Breach of Contract; (4)

8 Common Count for Open Book Account; (5) Breach of Contract; (6) Common Count for Open Book
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Account.
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Defendant has complied with the meet and confer requirements of Code of Civil Procedure §
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430.41 as shown by the attached declaration.
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13 To purchase this entire 15 page document visit:
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complaint-for-breach-of-contract-in-california
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT