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    Sample Special Demurrer To Complaint For Another Action Pending in California

    Uploaded by

    Stan Burman
    This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
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    Sample Special Demurrer To Complaint For Another Action Pending in California

    Uploaded by

    Stan Burman
    1K views3 pages
    This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Special Demurrer to Complaint for Another Action Pending in California

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    This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views3 pages

    Sample Special Demurrer To Complaint For Another Action Pending in California

    Uploaded by

    Stan Burman
    This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    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 _________________

    10

    11 Any Plaintiff, ) Case No.


    )
    12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
    vs. ) COMPLAINT; MEMORANDUM OF POINTS AND
    13 ) AUTHORITIES; DECLARATION OF
    ) ______________ REGARDING COMPLIANCE
    14 Any Defendants, and DOES 1-5, inclusive, ) WITH MEET AND CONFER REQUIREMENTS OF
    ) CODE OF CIVIL PROCEDURE 430.41
    15 Defendants. )
    ) [Filed concurrently with request for judicial
    16 ) notice]
    )
    17 ) DATE:
    ) TIME:
    18 ) DEPT:
    )
    19 )
    )
    20 )

    21
    To subscribe to my FREE weekly legal newsletter visit
    22

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    24

    25 To view over 300 sample legal documents sold by LegalDocsPro


    26
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    27

    28 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

    - 1 -
    1 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
    2 the above entitled court, located at ____________________________________________,
    3
    Defendant, _________________________, will and hereby does move the Court for an order
    4
    sustaining special demurrers to the demurrers to the first, second, third and fourth causes of action in
    5

    6
    Plaintiffs Complaint.

    7 The moving party has complied with the meet and confer requirements of Code of Civil

    8 Procedure 430.41 as shown by the attached declaration.


    9
    This demurrer is made pursuant to Code of Civil Procedure 430.10(c) on the grounds that
    10
    another action is pending between the parties upon the same causes of action in the Superior Court of
    11
    California, County of ___________, Case caption of _______v. ________, Case No. ___________
    12

    13 as shown by the request for judicial notice and exhibits attached thereto concurrently filed and served

    14 herewith and incorporated herein by reference.


    15
    The Demurrer shall be based on this notice of demurrer and the attached demurrer, the
    16
    attached memorandum of points and authorities, the attached declaration of ________ regarding
    17
    compliance with the meet and confer requirements of Code of Civil Procedure 430.41, the request
    18

    19 for judicial notice and exhibits attached thereto, concurrently filed and served herewith and

    20 incorporated herein by reference, on the complete files and records of this action, and on such other
    21
    oral and/or documentary evidence as may be presented at the hearing on the Motion.
    22

    23 Dated________________ ___________________________________________________
    ANY ATTORNEY OR PARTY
    24

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    - 2 -
    1 DEMURRER TO PLAINTIFFS COMPLAINT
    2 This demurrer is made pursuant to Code of Civil Procedure 430.10(c) on the grounds that
    3
    there is another action is pending between the parties upon the same causes of action.
    4

    5
    To purchase the entire 16 page document visit:
    6
    https://legaldocspro.myshopify.com/products/sample-special-demurrer-
    7

    8 to-complaint-for-another-action-pending-in-california
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