DEMURRERS

A demurrer is similar to a Federal Court Motion to Strike.  A demurrer tests or challenges the legal sufficiency of pleading.  As of January 1, 2016, before a party can file a demurrer, the party must meet and confer with opposing counsel to see if the issues can be resolved short of filing the pleading.  This meet and confer process must occur in person or over the phone. Code of  Civil Procedure § 430.41.

As a result of this meet and confer process, we recommend involving defense counsel early on in the case to allow for this process to occur if a demurrer is likely.