1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 An Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
) ANSWER; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES; DECLARATION OF
) ______________ REGARDING COMPLIANCE
14 Any Defendant, and DOES 1-5 ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE 430.41
15 Defendants. )
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19

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- 1 -
NOTICE OF DEMURRER AND DEMURRER TO ANSWER
 1 TO DEFENDANT ______________________, AND THEIR ATTORNEYS OF RECORD:
2
PLEASE TAKE NOTICE that on __________________, at _______ .M., or as soon after that
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as the matter can be heard, Department, ___ of the above-entitled court located at
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_____________________________________________, plaintiff will and does demur to the answer
5

6 of defendant to the complaint of plaintiff on the grounds that none of the affirmative defenses in the

7 answer state sufficient facts to constitute a defense to the complaint, or any cause of action contained
8
therein, and further that all of the affirmative defenses in the answer are uncertain.
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The Demurrer shall be based on this notice of demurrer and the attached demurrer, the
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attached memorandum of points and authorities, the attached declaration of ________ regarding
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12 compliance with the meet and confer requirements of Code of Civil Procedure 430.41, on the

13 complete files and records of this action, and on such other oral and/or documentary evidence as may
14 be presented at the hearing on the Motion.
15

16 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF DEMURRER AND DEMURRER TO ANSWER
 1 PLAINTIFFS DEMURRER TO ANSWER BY DEFENDANTS
2 Plaintiff, ________________________ hereby demurs to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th,
3
10th, 11th, 12th, 13th, 14th, and15th affirmative defenses in Defendants answer to the complaint of
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plaintiff as follows:
5

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FIRST AFFIRMATIVE DEFENSE

7 1. The first affirmative defense that the complaint fails to state a cause of action against

8 any Defendant, as pled in Defendants Answer (Answer) on file herein, fails to state sufficient facts
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to constitute a defense to the Complaint, or to any of the causes of action therein. Cal. Civ. Proc.
10
Code 430.20(a) (West Supp. 2008).
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2. The first affirmative defense, as pled in Defendants Answer on file herein is
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13 uncertain. Cal. Civ. Proc. Code 430.20(b) (West Supp. 2008).

14 SECOND AFFIRMATIVE DEFENSE

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3. The second affirmative defense that the Complaint, and each cause of action therein, is
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barred by the applicable statute of limitations, as pled in Defendants Answer on file herein, fails to
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state sufficient facts to constitute a defense to the Complaint, or to any of the causes of action therein.
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19 Cal. Civ. Proc. Code 430.20(a) (West Supp. 2008).

20 4. The second affirmative defense, as pled in Defendants Answer on file herein is

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uncertain. Cal. Civ. Proc. Code 430.20(b) (West Supp. 2008).
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THIRD AFFIRMATIVE DEFENSE
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5. The third affirmative defense based on the doctrine of estoppel, as pled in Defendants
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25 Answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes

26 of action therein, . Cal. Civ. Proc. Code 430.20(a) (West Supp. 2008).
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NOTICE OF DEMURRER AND DEMURRER TO ANSWER
 1 6. The third affirmative defense as pled in Defendants Answer on file herein is
2 uncertain. Cal. Civ. Proc. Code 430.20(b) (West Supp. 2008).
3
FOURTH AFFIRMATIVE DEFENSE
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7. The fourth affirmative defense based on the doctrine of waiver, as pled in Defendants
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answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes of

7 action therein. Cal. Civ. Proc. Code 430.20(a) (West Supp. 2008).

8 8. The fourth affirmative defense as pled in Defendants Answer on file herein is

9
uncertain. Cal. Civ. Proc. Code 430.20(b) (West Supp. 2008).
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NOTICE OF DEMURRER AND DEMURRER TO ANSWER