PRETRIAL ADJUDICATION
...Pleading
......Answers
.........New Matter-Pleas in Abatement
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Lack of capacity, nonjoinder, misjoinder, other action pending, and action premature are pleas in abatement.

Plea in abatement is common law plea designed to assert independent reason why particular action should not go forward; common law plea in abatement does not exist in Cal.

Abatement at law is the overthrow or destruction of a pending action apart from the cause of action; in equity the suspension of the proceedings.

If ground appears on face of complaint, it is to be asserted by demurrer; if not, it is to be asserted by answer. Must be raised at earliest appropriate time.

Plea in abatement waived if not timely asserted in trial ct.