Legal Question in Consumer Law in California

In what section of the California Rules of Civil Procedure can I find "failure to state a claim upon which relief can be granted?" And, possibly, where could I find an example of a demurrer? Thanks!


Asked on 10/28/09, 2:11 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

See Code of Civil Procedure section 430.10. You can find examples of a demurrer at a law library. There might be some in form books. But it also involves knowledge of which precedential cases and statutes apply to your particular situation.

Remember that the purpose of a complaint is to provide sufficient facts to put you on notice of what the plaintiff is claiming. The plaintiff is not required to provide every fact, only enough to state a cause of action to proceed with the lawsuit. Other facts might be developed later through "discovery," i.e. written interrogatories, document demands, requests for admissions, subpoenas, and depositions.

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Answered on 11/02/09, 2:45 am


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