See CCP 1167, 1167.3, 1170. In my opinion, there is no good reason to fight a demurrer on procedural defects or missing elements; it only costs the clients money and gives you more work to do. Prior to the Preliminary Hearing it is the policy of most district attorney's Office to make copies of the police reports available to the defense attorney. In the Quinn case, because the plaintiff used a form and did not plead specific facts, the court sustained the Demurrer with leave to amend. This is true even though the defendant may be a resident of California. When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case. The complaint does not specify that the defendant came within a specific distance of the person that had previously been the victim of domestic abuse. It's a site that collects all the most frequently asked questions and answers, so you don't have to spend hours on searching anywhere else. Keep in mind that your chances with a writ petition are minimal. Dont get caught in having to explain how you can prove your allegations at trial. 430.10. The witness's lawyer can object to this particular line of questioning. Affirmative defenses cannot simply spout "terse legal conclusions" but must state supporting . In unlawful detainer actions, a demurrer to the complaint must be filed and served within 5 days after service of the complaint. Filing deadlines: Motion: sixteen court days before the hearing date. If the demurrer is upheld, the original claims in court are dropped or disregarded. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/9\/9f\/Oppose-a-Demurrer-to-a-Complaint-Step-1.jpg\/v4-460px-Oppose-a-Demurrer-to-a-Complaint-Step-1.jpg","bigUrl":"\/images\/thumb\/9\/9f\/Oppose-a-Demurrer-to-a-Complaint-Step-1.jpg\/aid7584648-v4-728px-Oppose-a-Demurrer-to-a-Complaint-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"