
	Where results make sense

Topic: Demurrer

In the News (Mon 21 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	PARTIALLY OVERRULING DEMURRER TO ANSWERS AND DENYING MOTION TO STRIKE ANSWERS (10/23/97)
		The demurrer to the defenses of unclean hands, unjust enrichment, set off, offset, estoppel, laches, waiver, ratification, in paro delicto, and recoupment is sustained with leave to amend so that defendants may include factual allegations regarding the behavior on the part of the People that would serve as a basis for these equitable defenses.
		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.
		The demurrer to the defense that the government plaintiffs lack authority to retain outside counsel on a contingency fee basis is sustained without leave to amend based on defendants' concession that this does not constitute a valid affirmative defense.
	stic.neu.edu /Ca/SF/SFdemurrerorder.htm (992 words)

	Highbeam Encyclopedia - Search Results for demurrer
		In the U.S., demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in...
		cesser, demurrer, retainer, waiver: attainder, remainder ; tender ; the same ending is in dinner and supper.
		set to file a "leave of court" to file demurrer - a motion in which they will ask permission to file a demurrer, which is a waiver of their right to...
	www.encyclopedia.com /searchpool.asp?target=demurrer (888 words)

	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.
		Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance.
		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.
	www.chrisconrad.com /expert.witness/demurrer.htm (537 words)

	Demurrer
		The demurrers to the alter ego allegations on the issues of res judicata and collateral estoppel are overruled and the motions to strike are denied.
		The demurrers of the PaloAlto Ananda, Pravers, Novaks, Smallens, and Parajinog on the ground of uncertainty and failure to set forth facts sufficient to constitute a cause of action are overruled as is the demurrer ofNovaks, Smallens and Parajinog for misjoinder.
		The demurrers to the eighth cause of action for intentional infliction of emotional distress on the Bounds of failure to set forth facts sufficient to constitute a cause of action and for uncertainty are overruled.
	www.anandainfo.com /demurrer.html (5137 words)

	Demurrer - LoveToKnow 1911
		In equity pleading a demurrer lay only against the bill, and not against the answer; at common law any part of the pleading could be demurred to.
		demurrers were abolished and a more summary process for getting rid of pleadings which showed no reasonable cause of action or defence was adopted, called proceedings in lieu of demurrer.
		Demurrers are still in constant use in the United States.
	www.1911encyclopedia.org /Demurrer (143 words)

	Demurrer
		In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint.
		Demurrers are still used in California state court civil practice.
		In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument.
	www.xasa.com /wiki/en/wikipedia/d/de/demurrer.html (140 words)

	Demurrer - Definition, explanation
		For example, it is morally wrong (and foolish and hazardous) to intentionally cut people off while driving, but the law will generally not recognize a wrong arising from a single incident that does not lead to any serious harm (apart from the understandable anger of the other driver who has to slam on the brakes).
		A special demurrer refers to an attack on the form, rather than the substance, of the charge: if the defendant correctly identifies some defect "on the face" of the indictment, then the charges are subject to being dismissed, although usually the indictment can be re-drawn and re-presented to the grand jury or other charging authority.
		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.
	www.calsky.com /lexikon/en/txt/d/de/demurrer.php (615 words)

	CHAPTER 898* PLEADING
		A demurrer to a plea in abatement, raising the claim that an injured plaintiff is covered by the workmen's compensation act and therefore cannot sue at common law, sustained since the matter raised is actually a matter in bar.
		Demurrer allowed where unable to determine what causes of action were directed to defendant as individual and in her representative capacity.
		Upon a demurrer, a pleading which sets forth a written agreement is to be tested not only by the writing itself but also by the facts which are provable under the allegations.
	www.cga.ct.gov /2005/pub/Chap898.htm (12278 words)

	California Penal Code Sections 1002-1012
		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.
		Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance.
		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.
	www.hdo.net /~liberty/GJ/ProceduresManual/CAPenalCode1002-1012.htm (515 words)

	CITES BY TOPIC: demurrer
		A demurrer admits, for the purpose of the decision on the demurrer, and for that purpose only, all matters of fact that are well pleaded.
		Kaufman (1921), 55 C.A. "General demurrers admit the truth of all the material factual allegations of the complaint, regardless of any possible difficulty in proving them, but do not admit allegations which constitute conclusions of law or which are contrary to matters of which judicial notice must be taken." Martinez v.
		Held, that a demurrer to a complaint is not waived by the subsequent filing of an answer upon leave given by the court." Curtiss v.
	famguardian.org /TaxFreedom/CitesByTopic/demurrer.htm (1533 words)

	Legal Definition of 'Demurrer'
		A General Demurrer is one which excepts to the sufficiency of a previous pleading in general terms, without showing specifically the nature of the objection; and such demurrer is sufficient, when the objection is on matter of substance.
		A special demurrer is necessary where it turns on matter of form only; that is, where notwithstanding such objections, enough appears to entitle the opposite party to judgment, as far as relates to the merits of the cause.
		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.
	www.lectlaw.com /def/d132.htm (659 words)

	Collection Lawyers - Welcome to Collection Lawyers.com
		If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20.
		When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes.
		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.
	www.collectionlawyers.com /California-laws-statutes.htm (1414 words)

	FEAR: CA: FEAR Board member Mark Clausen wins second major ruling against Cal. forfeiture ordinances!
		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 the 4th cause of action is OVERRULED on the same basis as the Demurrer to the 3rd cause of action.
		The Demurrer brought on the ground that Plaintiff’s causes of action allege that Chapter 11.94 is applied in an unconstitutional manner are deficient is OVERRULED for the reason that Plaintiff makes clear she has brought any “as applied” challenge.
	www.fear.org /fearlist/040319b.html (835 words)

	Spradlin v. Dairyland Insurance Co.(2002) * Nebraska
		In reviewing an order sustaining a demurrer, an appellate court accepts the truth of the facts which are well pled, together with the proper and reasonable inferences of law and fact which may be drawn therefrom, but does not accept the conclusions of the pleader.
		When a demurrer is interposed stating several grounds, the court sustaining the demurrer should specify the grounds upon which the demurrer is sustained.
		Thus, the trial court was correct in sustaining the demurrer to Spradlin’s petition and dismissing the action.
	www.claimrep.com /laws/cases/NE/caseNESpradlin.htm (1660 words)

	WYOM Found Document:Pitman v. El Reno (Site not responding. Last check: )
		The defendant filed a demurrer; the demurrer was sustained by the court; plaintiff excepted and brings the case to this court on error.
		Upon demurrer to evidence the court cannot weigh the testimony, nor sustain the demurrer because there are conflictions or inconcistencies in the evidence; if there is any evidence at all upon which a verdict might rest it is the duty of the court to overrule the demurrer and submit the evidence to the jury.
		The demurrer admits that the city was negligent in permitting the sidewalk to remain in a defective and dangerous condition; that the plaintiff, while using the walk in a lawful manner, was injured by reason of the defect; that at the time of the injury complained of plaintiff was exercising care to avoid injury.
	wyomcases.courts.state.wy.us /applications/oscn/DeliverDocument.asp?CiteID=98 (5396 words)

	[No title]
		With respect to Parex's demurrer to the Peckinpaughs' amended motion for judgment, the trial court sustained that demurrer.
		With respect to Parex's demurrer to Pulte's cross- claim, the trial court orally sustained the demurrer as to each count, except the count for breach of implied warranty, which the court took under advisement.
		The trial court's action in sustaining Parex's demurrer to the Peckinpaughs' amended motion for judgment was tantamount to a holding that the Peckinpaughs never had an enforceable cause of action against Parex.
	www.courts.state.va.us /txtops/1021976.txt (2223 words)

	[No title] (Site not responding. Last check: )
		Some demurrers contend that the complaint is unclear or omits an essential element of fact.
		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.
		An amendment to the complaint cannot always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit.
	dictionary.law.com /definition2.asp?selected=487&bold=\|\|\|\| (197 words)

	CHAMBERLIN v. CITY OF PALO ALTO
		The demurrer was sustained on the ground that Chamberlin's action was barred by the doctrine of collateral estoppel and further that his petition did not state facts sufficient to constitute a cause of action.
		On July 25, 1985, the same day on which City's demurrer was filed, this court dismissed Chamberlin's first appeal as moot on the ground that the second trial plan challenged by the petition no longer existed.
		The court erred in sustaining the demurrer without leave to amend on the grounds that the petition did not state a cause of action and was barred by collateral estoppel.
	ceres.ca.gov /ceqa/cases/1986/chamberlin_093086.html (2235 words)

	SAMPLE: Demurrer to complaint
		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.
		Beta's demurrer to the third claim for negligence must be sustained on two separate grounds: (1) plaintiffs have failed to allege the necessary elements of a cause of action for negligence, and (2) plaintiffs' negligence claim is barred by the doctrine of res judicata.
		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.
	www.quojure.com /samples/archives/contractors.htm (3720 words)

	National Indian Law Library, Indian Law Bulletins, Unreported Case, Big Valley Band of Pomo Indians v. Superior Court ...
		The Tribe also argued that, to the extent it had waived immunity, a breach of contract cause of action falls outside the scope of the waiver, which is limited to actions to compel arbitration or to seek entry of a judgment on an arbitration award.
		Employees opposed the demurrer, contending the court must disregard the evidentiary material the Tribe sought to introduce by way of requests for judicial notice and must assume that all facts alleged in the complaint are true for purposes of the demurrer.
		Under these circumstances, we decline to construe the Tribe's demurrer as a motion to dismiss or to consider matters outside the complaint, except as to those matters properly subject to judicial notice.
	www.narf.org /nill/bulletins/state/unreported/lakecounty.html (3308 words)

	Rule 431. Amendment: Briefs (1941)
		In the case referred to, plaintiff's petition in the trial court averred an untenable basis of recovery, defendant's general demurrer was sustained, plaintiff refused to amend, and the suit was consequently dismissed.
		Rule 90 requires that general demurrers shall not be used but that in contested litigation all faults of pleading are waived unless specifically pointed out.
		If a general demurrer is urged, the court at the instance of the opposite party or on its own motion should not sustain it but should strike or overrule it or require it to be reworded.
	www.stcl.edu /library/TexasRulesProject/TRCP352-473/rule4311941.htm (1787 words)

	WYOM Found Document:A. HELM & SON v. BRILEY
		SAME--Under the requirements of the Oklahoma statute that a demurrer shall specify distinctly the ground therefor, a question of defect of parties which is made a ground of demurrer, cannot be raised under a general demurrer alleging simply a want of facts sufficient to state a cause of action.
		As before stated the demurrer was general, and this ground we think could not be taken under a general demurrer.
		¶8 Under the requirement of the statute that the demurrer shall specify distinctly the grounds therefor, it is not sufficient to demur upon one statutory ground and undertake to rely upon a different ground.
	wyom.state.wy.us /applications/oscn/DeliverDocument.asp?CiteID=2924 (1947 words)

	Oregon Judicial Department - Publications
		The state responded that the challenged counts were sufficient in both respects in that they pleaded the offenses in the language of the underlying statutes and that, to the extent that the indictment did not describe defendant's conduct with particularity, that was a matter properly addressed through pretrial discovery.
		Defendant argues, nevertheless, that Robertson is not dispositive because the demurrer there was based on ORS 135.630(4) and, particularly, asserted that the indictment did not allege a crime because the underlying coercion statute was unconstitutionally vague.
		As we explained in Morgan: "A demurrer to an indictment on the ground that it is not sufficiently definite or certain is properly raised under ORS 135.630(2), which, by express reference, requires that the indictment conform to ORS 132.550(7)." 151 Or App at 753 n 4 (emphasis in original).
	www.publications.ojd.state.or.us /A106682.htm (3604 words)

Try your search on: Qwika (all wikis)