Legal Memorandum: Consideration of a Demurrer in CA

Issue: In California, what standards apply to consideration of a demurrer?

Area of Law: Litigation & Procedure
Keywords: Considering a demurrer; Pleaded facts
Jurisdiction: California
Cited Cases: 123 Cal. App. 3d 593
Cited Statutes: None
Date: 01/01/2000

A demurrer is used to "test the sufficiency of a pleading by raising questions of law."  Paramount Gen. Hosp. Co. v. Jay (1989) 213 Cal. App. 3d 360, 367.  On demurrer, the allegations contained in the complaint are deemed true and are "liberally construed with a view to attaining substantial justice."  Id. at 367.  In considering a demurrer, the only issue before the court is whether the pleaded facts, if true, state a valid cause of action; the court does not reach the question of whether the facts are in fact true.  See Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.


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