1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO DEMURRER TO ANSWER;
) MEMORANDUM OF POINTS AND AUTHORITIES
13 vs. )
)
14 Any Defendant, and DOES 1-5 )
)
15 Defendants. )
)
16 )
)
17

18
To subscribe to my FREE weekly legal newsletter visit
19

20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

21
address.
22

23 To view over 300 sample legal documents for sale by

24

25
LegalDocsPro visit: http://www.scribd.com/LegalDocsPro
26
Be sure to remove this notice and all other notices before
27

28 using this document.

- 1 -
OPPOSITION TO DEMURRER TO ANSWER
 1 Defendant herein submits its Opposition to Plaintiffs Demurrer to the Answer filed by
2
Defendant on the grounds that the affirmative defenses alleged in the Answer do in fact state
3
sufficient facts to constitute affirmative defenses, and are not uncertain.
4
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
5

6 Authorities, on the complete files and records of this action, and on such other oral and/or

7 documentary evidence as may be presented at the hearing on the Motion.

8

9 Dated________________ _______________________________________________
Any |Attorney or Party
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 2 -
OPPOSITION TO DEMURRER TO ANSWER
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some brief
5

6
facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.

7 Defendant served and filed their Answer to the complaint on ___________. See the Answer of

8 Defendant on file.
9
Plaintiff filed a Demurrer to the Answer alleging that the affirmative defenses alleged in the
10
Answer fail to state sufficient facts to constitute affirmative defenses, and are uncertain.
11
Defendant opposes the Demurrer and contends that the affirmative defenses alleged in the
12

13 Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain.

14 Defendant contends that this Court should overrule the Demurrer as the law in California is
15
clear that an Answer only needs to identify sufficient ultimate facts to form the basis for an
16
affirmative defenses and does not need to state all the evidence that may support the claim.
17

18 To purchase the entire10 page document visit:

19
https://legaldocspro.myshopify.com/products/sample-opposition-to-
20

21 demurrer-to-answer-for-california
22

23

24

25

26

27

28

- 3 -
OPPOSITION TO DEMURRER TO ANSWER