Legal Question in Appeals and Writs in California
Many states do not allow demurrers. Has the demurrer process ever been challenged in a State Supreme Court, on the basis of violating due process or any other plaintiff rights?
2 Answers from Attorneys
California allows demurrers, and you're in California. When your attorney files opposition to the demurrer in your case, he or she would look silly trying to have "the demurrer process" declared unconstitutional. The best argument in opposition to a demurrer is that the plaintiff's complaint states a cause of action.
Even though other states do not have demurrers, they usually have similar motions which are similar to the federal 12(b)(6) motion to dismiss for failure to state a claim. The constitutionality of California's demurrer process was challenged years ago and it is constitutional.
Related Questions & Answers
-
Can new evidence be introduced on appeal, to prove that the plaintiff could have... Asked 10/27/11, 12:24 am in United States California Appeals and Writs
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
