Court ruling on Demurrer in California

Asked over 1 year ago - San Jose, CA

I am a defendant in case. The plaintiff is in his second amended complaint.

Again I filed a demurrer. The court sustained my demurrer with leave to amend.

The court ruling was: "The Court reluctantly grants leave to amend as it is not yet convinced that Plaintiffs will be unable to sufficiently state a cause of action for negligence. The Court anticipates no further leave to amend will be granted."

It seems to me that the word "unable" should have been "able" and thus the court statement would mean that the court thinks that the plaintiff will not be able show a cause of action.

Was this a typo in the court ruling or is there no typo and the ruling means that the court thinks that the plaintiff can indeed show cause of action?

Attorney answers (4)

  1. Michael Raymond Daymude

    Contributor Level 20

    13

    Lawyers agree

    Answered . It was not a typo. The court thinks the plaintiff will be unable to state a cause of action but is giving the plaintiff another chance -- hence the demurrer was sustained with leave to amend. Leave should be granted unless the court is convinced that plaintiff cannot state a cause of action.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    7

    Lawyers agree

    Answered . Definitely not a typo. Otherwise, the court would already have sustained the demurrer without leave to amend. Here, the court sustained the demurrer with leave to amend, meaning the court is giving the plaintiff one final chance to state a viable cause of action.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Malosack Berjis

    Contributor Level 20

    6

    Lawyers agree

    Answered . Nope, not a typo.

  4. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . Court thinks it is possible the pltf can state a cause of action, and is giving another chance to do so. If pltf doesnt get it this time, judge not likely to give leave to amend again. No typo.

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