PRETRIAL ADJUDICATION
...Demurrers
......Hearing on Demurrer
.........Oral Argument & Evidence
8 Cards On This Topic:
  • Law and motion calendar conducted by declaration/requests for judicial notice unless court orders otherwise for good cause.
  • First page of moving papers must include date, time, and location of hearing and name of judge (if ascertainable), among other requirements.
  • Court reporter at demurrer hearing.
  • Mere allegation of extrinsic evidence doesn't require overruling demurrer: court considers parol evidence allegations, but unless they support interpretation to which K is reasonably susceptible, it must sustain demurrer.
  • Trial court ruling on a demurrer cannot take judicial notice of the proper interpretation of a document submitted in support of the demurrer.
  • Oral argument should be permitted in complex motions involving important issues.
  • Oral argument is generally matter of privilege, not right, in hearings on law and motion matters.
  • However, oral argument mandatory where due process involved.