Sample Opposition To Demurrer For California

1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Any Attorney or Party
8 Superior Court of the State of California
9 For the County of _________________
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11 Any Plaintiff, ) Case No.

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12 Plaintiff, ) OPPOSITION TO DEMURRER TO COMPLAINT;
) MEMORANDUM OF POINTS AND AUTHORITIES
13 vs. )
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14 Any Defendant, and DOES 1-5 )
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15 Defendants. )
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OPPOSITION TO DEMURRER
1 Be sure to remove this notice and all other notices before using
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this document.
4 Plaintiff, _____________________________________ herein submits its Opposition to
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Defendants ________________________ Demurrer to its Complaint. _______opposes Defendants
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________________________ Demurrer on the grounds that its Complaint does state valid causes of
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8 action, that ______________ cannot demur to causes of action alleged against other Defendants, and
9 further that Defendants Demurrer is without merit.

10 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, on the complete files and records of this action, and on such other oral and/or
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documentary evidence as may be presented at the hearing on the Motion.
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Dated________________ _______________________________________________
15 ANY ATTORNEY OR PARTY
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MEMORANDUM OF POINTS AND AUTHORITIES
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27 I.
28 STATEMENT OF FACTS
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1 This case arises out of a purchase sale agreement entered into between __________________
2 and ____________________.
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In _______, ___________ entered into a purchase sale agreement with _________________ for the
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sale of real property located at _______________ in the City of Los Angeles, California.
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However, at no time was _____________ informed of any name change from
7 _________________ to ____________. _______________further did not give approval of any sale
8 transfer.
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Plaintiff_____ filed and served their Complaint. Defendant _________________ demurred to
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Plaintiffs Complaint. Only the first cause of action for breach of contract and the third cause of
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action for declaratory relief are directed to Defendant ______________________.
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13 ____________ contends that the Complaint does in fact allege sufficient facts to state causes
14 of action, and that the Complaint is not uncertain.

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____________ further contends that as the second cause of action for fraud is not alleged
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against Defendant they may not demur to that cause of action.
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18 Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless it definitely applies
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21 to your particular situation. Remember that YOUR OPPOSITION

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MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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24 BEFORE THE HEARING. Court days means Monday through

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26 Friday, except for Court holidays. You should serve your opposition by
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1 personal delivery or overnight mail. See Code of Civil Procedure
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Section 1005 for more details.
4 II.
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LEGAL ARGUMENT
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A. THE COURT SHOULD OVERRULE THE DEMURRER TO THE FIRST CAUSE
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OF ACTION BECAUSE IT ALLEGES SUFFICIENT FACTS TO STATE A CAUSE
9 OF ACTION FOR BREACH OF CONTRACT
10 ______________s Demurrer to the First Cause of Action contends that it is inconsistent

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because the signed counter-offers are mentioned in certain paragraphs and not in others. First of all,
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the counter-offers are in fact mentioned in paragraphs 8 and 10. It is paragraphs 9 and 11 in which
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they are not mentioned! __________ has it backwards!
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15 To view the entire 12 page document visit:

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Sample Opposition To Demurrer For California

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1 Any Attorney or Party

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

11 Any Plaintiff, ) Case No.

20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

23 To view and purchase my California law and motion document

9 further that Defendants Demurrer is without merit.

7 ___ to . _further did not give approval of any sale

14 of action, and that the Complaint is not uncertain.

18 Be sure to modify these paragraphs to suit your individual

21 to your particular situation. Remember that YOUR OPPOSITION

24 BEFORE THE HEARING. Court days means Monday through

9 OF ACTION FOR BREACH OF CONTRACT

10 ______________s Demurrer to the First Cause of Action contends that it is inconsistent

15 To view the entire 12 page document visit:

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