I am a plaintiff with an unlimited la county suit and there are several defendants.
4 defendants represented by same Attorney filed 4 separate identical Answers.
Can I file one (1) demurrer to all answers or do I have file one demurrer for each defendants' Answer?
Do I need to file 4 different demurrer motions?!
I don't believe that one demurrer can attack all four separate answers, as they may contain the same words, but each defendant may have different obligations towards a plaintiff. For example, one defendant can have the affirmative defenses available to a party with a contract. Another defendant may be a property owner who has no contract. Another defendant may be an attorney without any contract. Thus, trying to file a single demurrer to all four complaints is likely to result in the court being frustrated with trying to get through a very long and convoluted memorandum of points and authorities, as you try to parse each defendant's status vis-a-vis their answer. Also, consider the page limitations on a points and authorities. If there are many affirmative defenses, you might find you need more pages than are permitted if you try to combine all four defendants into one motion. Consult an attorney, perhaps this is not a worthwhile demurrer in any event.
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You are provided both pro and con of filing one or multiple demurrers. The main legal question is whether or not answers are legally insufficient to be subject to a demurrer. A demurrer to an answer is not very common nor does it have real grounds unless the answers filed by an attorney are legally objectionable.
It will serve you to co silt with a litigation attorney to review the pleadings and to give you an opinion on the legal basis to object to the answers or better out resources into discovery.
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In 20 years of practice and hundreds of cases litigated, I have not seen one demurrer to an answer. Yes, the procedure is allowed and available, however, it is highly unlikely that the demurrer will be received favorably. As another response stated, it may be better to focus on the merits of your case.
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