PRETRIAL ADJUDICATION
...Demurrers
......Pleadings to Which Demurrer May be Taken
7 Cards On This Topic:

Demurrer lies only for defects that appear on face of complaint, cross-complaint or answer or which may be judicially noticed.

CCP §1170 allows a defendant in an unlawful detainer action to either answer or demur, and a court cannot limit defendant to an answer.

Demurrer for one of three lessees reversed as parties jointly and severally liable on an obligation may be sued in separate actions; joint and several liability does not implicate the primary rights doctrine.

D cannot allege facts in demurrer which, if true, would defeat complaint. Judicial notice intended to cover only facts not reasonably subject to dispute.

Demurrer is pleading that attacks legal sufficiency of complaint, cross-complaint, or answer.

Substantive defect appearing on face of complaint but involving only portion of cause of action, subject to motion to strike not demurrer.

General demurrer to complaint or cross-complaint discussed.