PRETRIAL ADJUDICATION
...Demurrers
......Effect of Failure to Demur
4 Cards On This Topic:

Failure to demur to complaint or cross-complaint waives objection, except as to lack of jurisdiction or failure to state cause of action.

Failure to demur to answer waives objection, except as to failure to state facts sufficient to constitute defense.

Ds failed to request affirmative relief in trial ct. by demurrer, answer or motion to dismiss, stay or transfer. Ct. then had jurisdiction to rule on merits of prelim. injunction.

Issues re mandatory actions of trial ct. to be raised by demurrer where they appear on face of complaint and by answer where factual issues must be resolved.