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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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the above entitled court, located at ____________________________________________,
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Defendant, _________________________, will and hereby does move the Court for an order
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sustaining general demurrers to the first, second, third fourth, fifth and sixth causes of action in
7 Plaintiffs Complaint. The moving party has complied with the meet and confer requirements of
13 430.10(g) on the further grounds that the first, third and fifth causes of action fail to allege whether
19 documentary evidence as may be presented by Defendant upon the hearing of the demurrer.
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DATED: ________________ ___ ___________________________________________________
22 Any Attorney or Party
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
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DEMURRER TO PLAINTIFFS COMPLAINT
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4 first, second, third, fourth, fifth and sixth causes of action in Plaintiffs Complaint as follows:
5 FIRST CAUSE OF ACTION
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1. Defendant generally demurs to the First Cause of Action for Breach of Contract on the
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ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code of
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Civil Procedure 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
10 action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
11 pled the essential terms of the alleged contract. Code of Civil Procedure 430.10(e).
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SECOND CAUSE OF ACTION
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1. Defendant generally demurs to the Second Cause of Action for Common Count for
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Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
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16 for Common Count for Open Book Account as this cause of action is based on the same exact set of
17 circumstances pled in the First Cause of Action for breach of contract. Code of Civil Procedure
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430.10(e).
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THIRD CAUSE OF ACTION
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1. Defendant generally demurs to the Third Cause of Action for Breach of Contract on
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22 the ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code
23 of Civil Procedure 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
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action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
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pled the essential terms of the alleged contract. Code of Civil Procedure 430.10(e).
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FOURTH CAUSE OF ACTION
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28 1. Defendant generally demurs to the Fourth Cause of Action for Common Count for
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
2 for Common Count for Open Book Account as this cause of action is based on the same exact set of
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circumstances pled in the Third Cause of Action for breach of contract. Code of Civil Procedure
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430.10(e).
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FIFTH CAUSE OF ACTION
7 1. Defendant generally demurs to the Fifth Cause of Action for Breach of Contract on the
8 ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code of
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Civil Procedure 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
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action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
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pled the essential terms of the alleged contract. Code of Civil Procedure 430.10(e).
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14 1. Defendant generally demurs to the Sixth Cause of Action for Common Count for
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Open Book Account on the ground that it fails to state facts sufficient to constitute a cause of action
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for Common Count for Open Book Account as this cause of action is based on the same exact set of
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circumstances pled in the Fifth Cause of Action for breach of contract. Code of Civil Procedure
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19 430.10(e).
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Be sure to modify these paragraphs to suit your individual
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22 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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PRELIMINARY STATEMENT
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Plaintiff, ______________________(Plaintiff ) filed their complaint against
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Defendant, _____________________ (Defendant). The complaint has six causes of action, (1)
7 Breach of Contract; (2) Common Count for Open Book Account; (3) Breach of Contract; (4)
8 Common Count for Open Book Account; (5) Breach of Contract; (6) Common Count for Open Book
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Account.
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Defendant has complied with the meet and confer requirements of Code of Civil Procedure
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430.41 as shown by the attached declaration.
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https://legaldocspro.myshopify.com/products/sample-demurrer-to-
complaint-for-breach-of-contract-in-california
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT