When it's used
After being served with a complaint or cross-complaint, before filing an answer, within the statutory response period.
Definition
A demurrer is a pretrial motion filed under California CCP §430.10 et seq. that challenges whether the opposing party’s pleading states a legally cognizable cause of action, taking all well-pleaded facts as true for purposes of the motion. It is typically accompanied by a memorandum of points and authorities that argues the pleading fails on grounds such as failure to state a cause of action, uncertainty, or lack of standing. The paralegal researches the applicable substantive elements for each challenged cause of action, drafts the separate statement of grounds, and prepares the accompanying memorandum, notice of hearing, and proof of service according to the local court’s formatting rules. A successful demurrer can eliminate entire causes of action or force the opposing party to replead with greater specificity, shaping the scope of the litigation before discovery begins.