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| | Demurrer - Wikipedia, the free encyclopedia |
 | | A demurrer in California state courts tests the legal sufficiency of the complaint. | | | Priest (1971) 5 Cal.3d 584, 591.] In ruling on a demurrer, a court may properly take judicial notice of statutes, legislative acts, and other matters which are subject to judicial notice under the Evidence Code. | | | Demurrers and special pleas have been abolished in U.S. federal criminal procedure: an attack on the prosecution's case prior to trial is generally made by means of motion to dismiss. |
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http://en.wikipedia.org/wiki/Demurrer
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| | Legal Definition of 'Demurrer' |
| | Strictly speaking, this is not a demurrer, which admits the facts stated for the purpose of taking the opinion of the court, but by an abuse of the term, the witness' objection to answer is called a demurrer in the popular sense. | | | Upon joinder in demurrer by the opposite party, the jury are, in general, discharged from giving any verdict and the demurrer being entered on record is afterwards argued and decided by the court in banc; and the judgment there given upon it may ultimately be brought before a court of error. | | | Demurrers are no longer available in Federal and many state courts. |
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http://www.lectlaw.com/def/d132.htm
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| | Demurrer definition |
| | Demurrers cannot always be corrected by amendments to the complaints, for instance, this would not work in a case that was filed after the time that was allowed to file a suit. | | | The validity of the demurrer will be determined during a hearing before a judge. | | | A complaint's written response that pleads for dismissal claiming that while the alleged facts were correct, they do not constitute a legal basis for a lawsuit. |
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http://www.legal-explanations.com/definitions/demurrer.htm
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| | Editors Note: In this opinion, written by Judge O’Brian of the Butler County Court of Common Pleas, Plaintiffs assert ... |
| | DEMURRER AND LACK OF When presented with a demurrer, The Court must examine all facts pled by Plaintiff and can sustain a demurrer only in cases where Plaintiff has clearly failed to state a claim upon which relief may be granted. | | | The demurrer is overruled and the preliminary objection for lack of specificity is overruled. | | | The demurrer is overruled and the preliminary objection for lack of specificity is sustained. |
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http://www.behrend-ernsberger.com/nss-folder/casesfolder/kriebel.htm
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| | [No title] |
| | The demurrer stated: "Further, this Court has ruled that § 83-1,110 is unconstitutional. | | | WRIGHT, J. This is an appeal from the grant of a demurrer and the dismissal of Juneal Pratt's petition for writ of mandamus to compel the Nebraska Board of Parole (Board) to consider him eligible for parole in accordance with Neb. Rev. Stat. | | | We have previously expressed that when a demurrer is interposed stating several grounds, the court sustaining the demurrer should specify the grounds upon which it is sustained. |
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http://www.nol.org/home/ncpa/ctopinio/S95-1033.htm
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| | SAMPLE: Demurrer to complaint |
| | As to Sandoz and Genetics Institute, who could only be liable on those causes of action if Golde were acting as their agent, the supreme court agreed with the court of appeal that the agency allegations, which it excoriated as "egregious examples of generic boilerplate," were too conclusory. | | | Plaintiffs may argue that Beta's demurrer to the third claim should be denied for the same reasons that the court denied Careful's motion for summary judgment and summary adjudication in Case No. 01234, in which Careful argued that the prior arbitration barred that action under the doctrine of res judicata. | | | In a later proceeding, the trial court sustained Genetics Institute's and Sandoz's demurrers without leave to amend on the ground that the plaintiff had failed to state a cause of action for conversion "and that the complaint's allegations about the entities' secondary liability were too conclusory." Id. |
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http://www.quojure.com/samples/archives/contractors.htm
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| | Plaintiff's Demurrer To Defendant's Unverified Cross-Complaint |
| | If there is such a Court, and the Demurrer is sustained, the court must order the action transfered to that court. | | | If the trial court sustains the Demurrer, it may dismiss the action only if there is no State Court in California having jurisdiction of the subject matter. | | | The Plaintiff asks this Court to sustain the Plaintiff's Demurrer without leave to amend, under the authority of the First Amendment of the Constitution of the United States. |
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http://www.citizensecurity2000.com/demurrer.html
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| | PARTIALLY OVERRULING DEMURRER TO ANSWERS AND DENYING MOTION TO STRIKE ANSWERS (10/23/97) |
| | The demurrer to the defense of "deprivation of procedural and substantive safeguards generally available to the manufacturer and/or seller of any product, including California common law and statutory defense to liability: is sustained without leave to amend so that defendants may provide supporting factual allegations in a non-conclusory manner. | | | The demurrer is overruled as to the defense that the First Amendment bars plaintiffs' claims. | | | However, the demurrer to defendants' defense that the FCLAA preempts the relief sought by plaintiffs is overruled with regard to plaintiffs' prayer that defendants be required to fund a corrective public education campaign relating to the issue of smoking and health, administered by a third party. |
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http://www.stic.neu.edu/Ca/SF/SFdemurrerorder.htm
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| | Blackstone's Commentaries - Book the Third - Chapter the Twenty-First : Of Issue and Demurrer |
| | Which iffue in law, or demurrer, the judges of the court before which the action is brought muft determine. | | | And, after iffue or demurrer joined, as well as in fome of the previous ftages of proceeding, a day is continually given and entered upon the record, for the parties to appear on from time to time, as the exigence of the cafe may require. | | | For the court can determine nothing, unlefs in the prefence of both the parties, in perfon or by their attornies, or upon default of one of them, after his original appearance and a time prefixed for his appearance in court again. |
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http://www.yale.edu/lawweb/avalon/blackstone/bk3ch21.htm
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| | CA Penal Code: Demurrer |
| | Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. | | | If the demurrer to an indictment or information is overruled, the court must permit the defendant, at the defendant's election, to plead, which the defendant must do forthwith, unless the court extends the time. | | | If the demurrer to a complaint is sustained, the court must, if the defect can be remedied, permit the filing of an amended complaint within such time not exceeding 10 days as it may fix. |
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http://www.chrisconrad.com/expert.witness/demurrer.htm
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| | definitionofcomplaint |
| | And in the case last cited, in which the appeal was from a judgment of the Superior Court in a certiorari proceeding, wherein the latter court had annulled an order of the justice's court, it was said: "The matter was submitted to the court on a demurrer to the petition. | | | The merits of the general demurrer to count one are to be tested by the allegations of fact with respect to (1) the jurisdiction of the Nevada court fn. | | | [1] (1) On appeal from a judgment entered after the sustaining of a demurrer the order of the trial court if in general terms must be affirmed by an appellate court if the demurrer is well taken as to any of the grounds stated therein. |
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http://home.earthlink.net/~venue53/definitionofcomplaint.html
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| | Sample Demurrer Authorities |
| | A demurrer raises only a question of law, as the allegations of fact contained in the complaint must be accepted as true by the court for purposes of review, but written instruments which are the foundations of the causes of action and attached to the complaint as exhibits may also be examined by the court. | | | Generally, a demurrer tests the sufficiency of the complaint alone and not the evidence or other extrinsic matters – however, a complaint may be read as if it included matters judicially noticed, and such matters may show the complaint fails to state a cause of action though its bare allegations do not disclose the defect. | | | It is axiomatic that a demurrer to a complaint should not be sustained without leave to amend if there is a reasonable possibility that the defects can be cured by amendment, or that, liberally construed, the pleading can state a cause of action. |
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http://www.litigationone.com/products/cmsamplepage-demurrer.html
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| | Siciliano v |
| | (2a) A general demurrer challenges the sufficiency of the pleading to state any cause of action and must not be sustained if the pleading states facts from which any liability results, although not for some or all of the relief sought to be obtained. | | | Insurer's demurrer on the ground the pleading "fails to state a cause of action against" it, was sustained without leave to amend. | | | (2b) A general demurrer "must not be sustained if the pleading states facts from which any liability results, although not for some or all of the relief sought to be obtained. |
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http://www.mrrllc.com/atty/atty12.htm
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| | [No title] |
| | Demurrers are still in constant use in the United States. | | | On the passing of the Judicature Act of 1875 the procedure with respect to demurrers in civil cases was amended, and, subsequently, by the Rules of the Supreme Court, Order XXV. | | | Demurrer in criminal cases still exists, but is now seldom resorted to. |
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http://www.circuitlawyer.8m.com/6197.html
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| | Hendren v. Goldberg (California 05/06/2004) |
| | The demurrer was based on the premise that the pleadings established that the grant deed between appellant and her husband purporting to transfer the property into appellant's name alone constituted a fraudulent conveyance because all of the husband's assets at the time were part of his bankruptcy estate. | | | Superior Court (2003) 109 Cal.App.4th 1162, 1168.) When a demurrer is sustained, we determine de novo whether the complaint states facts sufficient to constitute a cause of action on any legal theory. | | | As noted, in connection with the prior demurrer, respondent submitted the first page of the docket in the bankruptcy case, which stated that appellant's former husband filed for bankruptcy protection in February 1966, the bankruptcy was discharged in November 1974 and the case was closed in 1977. |
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http://www.assetprotectionbook.com/CA_Hendren-Goldberg_2004.htm
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| | The Manila Times Internet Edition METRO > Erap insists on filing demurrer to evidence |
| | “The filing of a demurrer to evidence is one of the rights granted to an accused in addition to a cluster of constitutional and statutory rights with which we are all familiar. | | | A demurrer to evidence is unquestionably a potent procedural device to test the sufficiency of the prosecution’s evidence. | | | Estrada is appealing the March 17 resolution of the court, which denied his plea to file a demurrer to evidence. |
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http://www.manilatimes.net/national/2004/apr/12/yehey/metro/20040412met3.html
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| | In re Interest of Sabrienia B., A-00-277, 9 Neb. App. 888 |
| | When a demurrer to a petition is sustained, a court must grant leave to amend the petition unless it is clear that no reasonable possibility exists that amendment will correct the defect. | | | Roseann filed a direct appeal from the court's order overruling her demurrer. | | | As such, the demurrer filed by Roseann should have been granted, because as specifically alleged in the demurrer, the State failed to place in issue a material element of the ICWA. |
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http://www.nol.org/home/ncpa/ctopinio/A00-277.htm
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| | National Housing Law Project Section 8 Housing |
| | WHEREFORE, defendant prays that her demurrer be sustained without leave to amend, and for such other and further relief as the court deems just and proper. | | | An objection to a complaint may be taken by demurrer when the ground for such objection appears on the face of the Complaint. | | | The Complaint is subject to demurrer because it fails to allege sufficient facts to constitute a cause of action and is uncertain. |
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http://www.nhlp.org/html/sec8/90day3.htm
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| | Osornio v. Weingarten (2004) [ Cal.App.4th ] |
| | We therefore conclude that the trial court properly held that Osornio's complaint was subject to demurrer because of the failure to allege a legal duty on the part of Weingarten. | | | A demurrer tests the sufficiency of the complaint as a matter of law; as such, it raises only a question of law. | | | The single issue raised on appeal is whether the court erred in sustaining Weingarten's general demurrer without leave to amend. |
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http://fsnews.findlaw.com/cases/ca/caapp4th/slip/2004/h027258.html
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| | Morgan v. San Joaquin Community Hospital (2004) [ Cal.App.4th ] |
| | The motion purported to be for reconsideration of orders granting judicial notice and sustaining the demurrer and of the entry of judgment. | | | [Citations.]" [Citation.] However, it is error for a trial court to sustain a demurrer when the plaintiff has stated a cause of action under any possible legal theory. | | | The notice is sufficient if it identifies the particular judgment or order being appealed." (Cal. Rules of Court, rule 1(a)(2).) The clear intent of the document is to give notice of an intent to appeal from the judgment based on the sustaining of the demurrer, so the notice is adequate in this respect. |
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http://fsnews.findlaw.com/cases/ca/caapp4th/slip/2004/f045075.html
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| | Demurrer Definition |
| | It is an assertion, made without disputing the facts, that the pleading does not state a cause of action, and that the demurring party is entitled to judgment. | | | demurrer definition — a demurrer is a formal objection attacking the legal sufficiency of an opponent's pleadings. |
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http://www.legal-definitions.com/demurrer.htm
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| | Unlawful Detainer Delays |
| | The typical time for setting a hearing on a demurrer is not more than 35 days after the filing of the demurrer or earlier or later as the court may order. | | | Except for some rare jurisdictions, if the tenant sets a demurrer for a hearing a month away, the landlord’s recourse is to either wait for the thirty days and then after the hearing the tenant gets another five days after the hearing to file their answer. | | | This procedure may also be used in responding to the unlawful detainer Code of Civil Procedure §1170 allows a tenant to answer or demurrer to the complaint on or before the time needed to respond. |
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http://www.unlawfuldetainercases.com/art_unlaw_det_delay.html
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| | Oregon Judicial Department - Publications |
| | The court overruled the demurrer and denied the motion. | | | Given the totality of the circumstances, the trial court was well within its discretion in determining that there was no appreciable likelihood of alteration or tampering and that no further foundation was required. | | | In addition, in most cases in which the state's only proof of the presumed fact--here, the driver's identity--is the presumption itself, the constitutional availability of the presumption may be raised via a motion for judgment of acquittal. |
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http://www.publications.ojd.state.or.us/A107263.htm
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| | Further to my Notice of Motion submitted to this Honorable Court on October 5, 2002, I hereby make this application for: |
| | 23. S.472d.of the C.C.P stipulates: "Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds upon which the decision or order is based which may be by reference to appropriate pages and paragraphs of the demurrer". | | | Considering the fact that I had been repeatedly stating to the court in my written materials in opposition to the demurrer about this fact, the court's disregard of this fact was deliberate, and therefore, has constituted deliberate abuse of its discretion. | | | Judge Garthia, in open court, at the hearing of the demurrer, refused the application of the doctrine of equitable tolling to my case, but in the meanwhile applying statute of limitations law of California to dismiss my case. |
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http://www.wanxialiao.4t.com/memo.31.html
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| | California Courts: Rules: Title Two: Rule 312. Motions, demurrers, and other pleadings |
| | Other papers may be filed in support of a motion or demurrer, such as declarations, exhibits, appendices, or other documents or pleadings. | | | These papers may be filed as separate documents or may be combined in one or more documents if the party filing a combined pleading specifies these items separately in the caption of the combined pleading. | | | (e) [Additional requirements for motions and demurrers] In addition to the requirements of this rule, a motion or demurrer relating to the subjects specified in chapter 4 of this division (rule 325 et seq.) shall comply with any additional requirements in that chapter. |
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http://www.courtinfo.ca.gov/rules/titletwo/title2-2-13.htm
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| | Censorware: Legal: Livermore |
| | Further, unlike the demurrer to the initial complaint, the Court sustained the demurrer to the amended complaint without leave to amend, meaning that the Court believed that Plaintiff could not allege a set of facts which would entitle her to legal relief. | | | The Court ruled, in effect, that even if all of the factual allegations made in the amended Complaint are true (for purposes of the demurrer only, the court must accept the truth of the allegations), Plaintiff has not stated a claim on which any relief can be granted. | | | Indeed, both the City's demurrer to the amended Complaint and the amicus brief of ACLU in support of the demurrer implicitly acknowledged the point, since neither argued that §230 is a defense to a claimed constitutional violation. |
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http://censorware.net/legal/livermore
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| | Santa Monica Beach Ltd. v. Superior Court of Los Angeles County |
| | The trial court agreed and sustained the demurrer without leave to amend, leaving the administrative mandate petition to be heard at a later date. | | | The Court of Appeal, reviewing the superior court order on petition for writ of mandate, disagreed with that reasoning and ordered that a peremptory writ of mandate issue commanding the superior court to set aside its order and overrule the board's demurrer. | | | SMB filed a petition for a writ of mandate with the Court of Appeal, claiming the inverse condemnation action was inextricably related to its administrative mandate, and that the demurrer had been wrongly sustained. |
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http://lw.bna.com/lw/19990119/s052824.htm
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| | Kronick Moskovitz Tiedemann & Girard - Failure To Plead Compliance With The Tort Claims Act Is Not A Basis For ... |
| | The trial court granted the demurrer, ruling that the failure to allege compliance was a fatal defect in the complaint, and that judgment should be entered for the State. | | | Superior Court (Bodde, real party in interest) case points to an apparent disagreement between the various Courts of Appeal as to the manner in which a failure to comply with the TCA may be raised. | | | The State sought dismissal of the complaint through a demurrer because the prisoner did not state in his complaint that he had filed a claim as required by the TCA. |
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http://www.kmtg.com/legalalerts/LA730668.htm
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| | Document: Brief of City of Livermore (Kathleen R. blocking software case), 7/10/98. |
| | 156-159.) The court held that the trial court properly sustained the City’s demurrer without leave to amend on the basis that the complaint was barred by Civil Code section 3482. | | | Superior Court (Young) (1995) 32 Cal.App.4th 325, 327-328 [Holding that demurrer should have been sustained without leave to amend because a public entity was not liable for injuries to a plaintiff who was thrown from her horse when a bicyclist came speeding down the same state park trail.]; Lompoc Unified School District v. | | | In that case, the court held that the library board could not adopt and enforce content-based restrictions on access to constitutionally protected Internet speech absent a compelling state interest and means narrowly drawn to achieve that end. |
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http://www.techlawjournal.com/courts/kathleenr/80710livbr.htm
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| | Our Story - Page 14 |
| | A demurrer is a pleading used to test the legal sufficiency of other pleadings, i.e., it raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. | | | The sole issue raised by a general demurrer is whether the facts pleaded state a valid cause of action not whether they are true. | | | A special demurrer is, or should be, directed to specific portions of the complaint, and the grounds should be specifically pointed out. |
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http://www.parrotpro.com/story_14.htm
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| | MICHAEL T |
| | As the Addison court recognized, '"[i]t is fundamental that the primary purpose of statutes of limitation is to prevent the assertion of stale claims by plaintiffs who have failed to file their action until evidence is no longer fresh and witnesses are no longer available." {Id. at 317.) That is exactly the case here. | | | Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (the "REGENTS") and CAHILL demurred to LIAO's Amended Complaint on the grounds the lawsuit was barred by the statute of limitations and that, even if it was not, the REGENTS was not a "person" subject to suit under 42 U.S.C. § 1985 and that. | | | The Court's ruling was apparently based only on the statute of limitations. |
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http://www.wliao.150m.com/ptsauthorities.html
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| | Court of Appeal Finds Order Overruling Demurrer Appealable |
| | Our direction to the trial court to strike the pleading to which the demurrer was directed moots appellants’ contention that its privilege claim should have been sustained. | | | Justice Patti Kitching, in an unpublished opinion filed Wednesday, said the order by Los Angeles Superior Court Judge Peter P. Espinoza overruling a demurrer based on the litigation privilege would be reviewed in light of the procedural posture. | | | The Court of Appeal for this district has entertained an appeal from an order overruling a demurrer, an order generally attacked only by writ petition. |
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http://www.metnews.com/articles/2005/menr040405.htm
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| | FEAR: CA: FEAR Board member Mark Clausen wins second major ruling against Cal. forfeiture ordinances! |
| | While plaintiff apparently feels they may be “helpful” to this court, the ruling of another trial court on demurrer and the parties’ briefs on appeal are not relevant to the determination of the present Demurrer. | | | HEARING ON DEMURRER TO CIVIL PETITION of TANZEL FILED BY THE CITY OF The Demurrer on the ground that Plaintiff lacks standing to bring this action pursuant to CCP § 526a is OVERRULED, as Plaintiff alleges that she is a taxpaying resident of this County. | | | The Demurrer to Plaintiff’s claims for declaratory relief is OVERRULED as an action which meets the criteria of CCP § 526a satisfies the case or controversy requirement. |
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http://www.fear.org/fearlist/040319b.html
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| | [No title] |
| | The demurrer is an ancient remedy designed to save time and is protected by Article 2 Section 13 of the Constitution for the State of Arizona. | | | The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. | | | Demurrer on the basis that there is no valid complaint. |
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http://www.circuitlawyer.8m.com/maceo.html
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| | demurrer |
| | History of a suit in equity,: As prosecuted and defended in the Virginia state courts and in the United States circuit courts; with an appendix embrac... | | | The Farragut prize and bounty cases: Argument for the government on the demurrer | | | {Demurrer to evidence}, an exception taken by a party to the |
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http://demurrer.idoneos.com
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| | We have litigation sign! |
| | If the judge finds these errors, he/she will usually sustain the demurrer (state it is valid), but "with leave to amend" in order to allow changes to make the original complaint good. | | | If after amendment the complaint is still not legally good, a demurrer will be granted sustained. | | | If the judge finds = these errors, he/she will usually sustain the demurrer (state it is = valid), but "with leave to amend" in order to allow changes to make = the original complaint good. |
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http://www.seriousliving.net/new-2707955-1059.html
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| | Appeals Court Turns Down Bid for Review of Ruling On Demurrer Challenging Delgadillo Qualifications |
| | Brandlin ruled Stuart’s demurrer to charges of driving under the influence, hit and run, driving without a license, and having no proof of insurance was not a proper means by which to raise the issue of whether Delgadillo had legitimate authority to prosecute him. | | | In a preliminary opposition to the petition filed in the Appellate Division, Delgadillo argued Brandlin’s ruling was “compelled by case law which uniformly prohibits a defendant from collaterally challenging the qualifications of a public official.” Only a quo warranto proceeding may be used to mount such a challenge, he argued. | | | D’Agostino’s suit contends that her right to due process was violated when city officials certified Delgadillo the winner of the election. |
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http://www.metnews.com/articles/2004/delg040604.htm
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| | Philippine Civil Procedures! |
| | The second is raised in a demurrer to evidence under Rule 33 after the plaintiff has rested his case and can be resolved only on the basis of the evidence he has presented in support of his claim. | | | The fact is that while what was filed in that case was a motion to dismiss, it was correctly treated therein by the Court as a demurrer to evidence, hence it is precisely in point under the position we have taken in this case. | | | It thus differs from a motion to dismiss under Rule 16 which is grounded on preliminary objections and is presented at the outset of the case, that is, before a responsive pleading is filed by the movant and within the period for the filing thereof. |
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http://civilprocedures.freeservers.com/SCDoctrines/Rule%2033%20-%20Demurrer%20to%20Evidence.htm
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| | CWP: Livermore: Reply to Opp. to Demurrer |
| | The City realizes that, even if the Court grants the Demurrer, it must allow leave toamend if there is a reasonable possibility that the defects in the Complaint can be curedby amendment. | | | In the Opposition to the Demurrer of the City of Livermore("Opposition"), Plaintiff concedes that her Complaint forInjunctive Relief ("Complaint") should be dismissed, but requests that theCourt allow her to amend the Complaint. | | | City of Los Angeles (1974) 11 Cal.3d 113, 118.)However, where as in this case, there is no reasonable possibility that the defects can becured by amendment because of the substantive law involved, sustaining a demurrer withoutleave to amend is clearly merited and is not an abuse of discretion. |
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http://censorware.net/legal/livermore/981019_replyoppdem_ds.html
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| | Points and Authorities in support of Demurrer to Complaint |
| | Because the publication rules are valid, because there is no specific factual controversy now before the Court, and because plaintiff does not (and cannot) allege a cause of action, this demurrer should be sustained without leave to amend and this lawsuit be dismissed. | | | Not all those who seek access to legal research materials are possessed of or have ready access to the personal computer, Internet, Lexis, and Westlaw technology to which plaintiff refers at Complaint, page 7, 15-24. | | | First, the complaint does not state facts sufficient to constitute a cause of action, as required by Code of Civil Procedure §430.10, subdivision (e), in that, as a matter of law, the complaint fails to allege any constitutional or legal infirmity of the four rules it challenges. |
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http://www.nonpublication.com/demmur.html
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| | Document: Livermore's Brief in Support of Demurrer to Amended Complaint, 1/4/99. |
| | Lewis (1998) ___ U.S. ___, 118 S.Ct. 1708, 1716, 140 L.Ed.2d 1043.) The criteria used to identify what is fatally arbitrary differ depending on whether it is legislation or a specific act of a governmental officer that is at issue. | | | The City filed a Demurrer to the original Complaint because it failed to state facts sufficient to state a cause of action. | | | In doing so, the Court held that the causes of action contained in the Complaint were defective because ". |
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http://www.techlawjournal.com/courts/kathleenr/19990104.htm
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| | Superior Court of California - County of Orange |
| | The Demurrer is overruled as to all other requested relief. | | | As stated above, whether or not Plaintiff was an independent contractor at the time he was hit by the train is a question of fact that may not be determined on Demurrer. | | | All future documents shall be filed in the lead case. |
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http://www.occourts.org/rulings/cannon.asp
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| | Lawyerdude's Demurrer page. 6 wins for 6 at bat. |
| | Demurrer is your right; no state may take away your unalienable right to demur. | | | Win #2 was a civil case - another win. | | | These rules apply to all criminal proceedings in the United States District Courts |
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http://www.lawyerdude.8k.com/5736.html
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| | Direct Action to Stop the War |
| | Results from the June 12, 10:30am motion hearing: the demurrer was sustained, subject to case by case examination of citations. | | | A new list of citations, court dates and dispositions is available below. | | | June 27 - 9am: arraignments, demurrer for those cases; also further proceedings for cases arraigned June 5th, 6th and 13th that were not dismissed or did not have demurrer sustained already |
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http://www.actagainstwar.org/print_article.php?id=248&print=1
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| | Demurrer To Complaint Form |
| | If so, the following may be placed below the statement of grounds and above the date and attorney's signature: "The undersigned certifies that this demurrer is filed in good faith and not for the purpose of delay."] |
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http://www.lectlaw.com/forms/f135.htm
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| | A demurrer is a legal opposition to a complaint in a lawsuit (or to an answer), which says, in effect, that even if the factual claims (allegations) are true, there are legal flaws or failures in the lawsuit. | | | Therefore, since the factual allegations are admitted for the sake of argument, introducing evidence is improper, and an attorney making a "speaking demurrer" will be halted, often in mid-argument. | | | an attempt to introduce evidence during a hearing on a demurrer. |
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http://dictionary.law.com/definition.asp?selected=1980&bold=
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| | The Huston Firm : Results |
| | Opposition to Demurrer to causes of action for breach of contract and specific performance - Demurrer overruled. | | | Motion for Summary Adjudication as to causes of action for: Unfair Competition under Business and Professions Code section 17200; Intentional Infliction of Emotional Distress; Violation of Civil Rights Under Civil Code sections 51.7, 52 and 52.1; and Assault and Battery - Motion Granted as to all causes of action. | | | Opposition to Demurrer to causes of action for breach of contract based on statute of frauds, and negligent misrepresentation - Demurrer Overruled |
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http://www.hustonfirm.com/results.html
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| | demurrer |
| | {Demurrer to evidence}, an exception taken by a party to the evidence offered by the opposite party, and an objecting to proceed further, on the allegation that such evidence is not sufficient in law to maintain the issue, and a reference to the court to determine the point. | | | 2 definitions found From Webster's Revised Unabridged Dictionary (1913) [web1913]: Demurrer \De*mur"rer\, n. |
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http://www.beetfoundation.com/words/d/demurrer.html
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