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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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