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Civil Procedure • Demurrers
CIVPRO#044
Legal Definition
The grounds for a special demurrer are: (1) the plaintiff lacks capacity to sue; (2) there is another action pending between the same parties on the same cause of action; (3) some defect or misjoinder of parties; (4) the pleading is uncertain (i.e., unintelligible); and (5) the complaint fails to plead whether the contract is oral or written.
Plain English Explanation
In California, a special demurrer challenges specific issues in the complaint that go beyond simply failing to state a cause of action. The grounds for a special demurrer include:
(1) The plaintiff lacks capacity to sue. This means the plaintiff does not have the legal right to bring the lawsuit, such as when a minor or someone without legal standing files the case.
(2) There is another action pending between the same parties on the same cause of action. If another lawsuit is already ongoing for the same issue between the same parties, this could be grounds to dismiss the current case.
(3) There is a defect or misjoinder of parties. This refers to problems with how parties are named or included in the lawsuit. For example, the wrong person might be named, or necessary parties might be missing.
(4) The pleading is uncertain, meaning it is unclear or unintelligible. If the complaint is so vague or confusing that it’s impossible to understand what the plaintiff is claiming, a special demurrer can be used to challenge it.
(5) The complaint fails to specify whether the contract at issue is oral or written. If the plaintiff is suing based on a contract but doesn’t say whether it was a written or oral agreement, this can be a basis for a special demurrer.
These grounds address procedural and technical issues that need to be clarified before the case can move forward.
(1) The plaintiff lacks capacity to sue. This means the plaintiff does not have the legal right to bring the lawsuit, such as when a minor or someone without legal standing files the case.
(2) There is another action pending between the same parties on the same cause of action. If another lawsuit is already ongoing for the same issue between the same parties, this could be grounds to dismiss the current case.
(3) There is a defect or misjoinder of parties. This refers to problems with how parties are named or included in the lawsuit. For example, the wrong person might be named, or necessary parties might be missing.
(4) The pleading is uncertain, meaning it is unclear or unintelligible. If the complaint is so vague or confusing that it’s impossible to understand what the plaintiff is claiming, a special demurrer can be used to challenge it.
(5) The complaint fails to specify whether the contract at issue is oral or written. If the plaintiff is suing based on a contract but doesn’t say whether it was a written or oral agreement, this can be a basis for a special demurrer.
These grounds address procedural and technical issues that need to be clarified before the case can move forward.
