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NEED A SAMPLE OPPOSITION TO DEMURRER. THE DEMURRER IS BASED ON (MOSTLY) QUESTIONING THAT IT FAILS TO STATE FACTS SUFFICIENT TO.

Santa Clarita, CA |
Filed under: Lawsuits and disputes

AND THE "UNCERTAIN" ....CAN ANYONE HELP WITH A SAMPLE SO I CAN FIGHT THE SAID DEMURRER...ANY AND ALL HELP IS GREATLY APPRECIATED

Attorney Answers 3

Posted

Without knowing what your case is about, or even which causes of action you have alleged in the complaint, it is quite frankly impossible to give you any guidance or direction.

Generally speaking, rather than opposing a demurrer, a plaintiff ought to file an amended complaint which fixes the deficiencies raised in the demurrer.

Look at the CACI jury instructions for what essential elements must be alleged to state a particular cause of action.

http://www.courts.ca.gov/partners/documents/caci_2013_edition.pdf

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

This Q&A site is not intended to be a work product sharing forum. It would be almost impossible to give you an opposition that would be sufficient to help you because we do not know the bases for a claim of uncertainty, or what you have pled that the defendant claims fails to state a cause of action.

If you want to know what format to use, I would suggest you go to a law library and find one of several books that have sample formats in them, like California Forms of Pleading and Practice or the Rutter Group's Civil Procedure Before Trial.

Better yet, seriously consider hiring an attorney. If you have a legitimate plaintiff's case you should be able to find an attorney willing to work on a contingency basis, meaning you do not have to pay unless there is a recovery. If you cannot find a plaintiff's attorney willing to handle the case on a contingency, then I suggest you look long and hard at your case. It may well be that your case is not what you think it is.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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Posted

Id suggest you hire an atty or at least buy some consult time. Show the lawyer the complaint and demurrer. You may be better off amending the complaint and dropping claims that you just cant prove or which are unnecessary or improper.

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