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Civil Procedure • Demurrers
CIVPRO#043
Legal Definition
The grounds for a general demurrer are: (1) the complaint fails to state facts sufficient to constitute a cause of action, or (2) the court lacks subject matter jurisdiction. A complaint may fail to state sufficient facts where it does not plead ultimate facts, leaves out an element, is barred on its face by the statute of limitations, or such a cause of action does not exist. Compare this to Federal 12(b)(6).
Plain English Explanation
In California, a general demurrer is a legal response where the defendant argues that the complaint should be dismissed for one of two main reasons:
(1) The complaint fails to state facts sufficient to constitute a cause of action. This means that, even if all the facts in the complaint are true, they do not legally add up to a valid claim. This could happen if the complaint doesn’t include the necessary ultimate facts (the key facts needed to support the claim), leaves out an essential element of the claim, is obviously barred by the statute of limitations, or if the type of claim doesn’t legally exist.
(2) The court lacks subject matter jurisdiction. This means that the court doesn’t have the authority to hear the type of case being presented. For example, if the case belongs in federal court or a different type of state court, a general demurrer would be appropriate.
A general demurrer in California serves a similar purpose to a Federal Rule 12(b)(6) motion, which is used in federal court to dismiss a case for "failure to state a claim upon which relief can be granted."
(1) The complaint fails to state facts sufficient to constitute a cause of action. This means that, even if all the facts in the complaint are true, they do not legally add up to a valid claim. This could happen if the complaint doesn’t include the necessary ultimate facts (the key facts needed to support the claim), leaves out an essential element of the claim, is obviously barred by the statute of limitations, or if the type of claim doesn’t legally exist.
(2) The court lacks subject matter jurisdiction. This means that the court doesn’t have the authority to hear the type of case being presented. For example, if the case belongs in federal court or a different type of state court, a general demurrer would be appropriate.
A general demurrer in California serves a similar purpose to a Federal Rule 12(b)(6) motion, which is used in federal court to dismiss a case for "failure to state a claim upon which relief can be granted."
