PRETRIAL ADJUDICATION
...Demurrers
......Ruling on Demurrer
.........Policy to Construe Pleading Liberally
5 Cards On This Topic:
  • Allegations in pleadings should be liberally construed.
  • Demurrers for banks improperly sustained where P stated wrongful foreclosure claim "under the lenient standards applied to demurrers."
  • Demurrer for lenders in loan mod. process improper where homeowner sufficiently alleged equitable estoppel to preclude lenders' reliance on statute of frauds defense, and she sufficiently alleged C/A for wrongful foreclosure.
  • Although complaint against County filed beyond Gov. Code time limit, P should have had an opportunity to amend complaint to allege equitable estoppel on part of County.
  • Pleadings should be liberally construed; so long as they apprise opponent of specific charges to be met, not required to plead evidentiary facts.