Objections to Pleadings

California’s Code of Civil Procedure in Part 2, Title 6, Chapter 3, Article 1 deals with objections to pleadings in civil actions. Section 430.10 provides that the party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer, to the pleading on any one or more of the eight specified grounds.

Section 430.20 specifies that a party against whom an answer has been filed may object, by demurrer, to the answer upon any one or more of the three specified grounds.

Section 430.30 says, when any ground for objection to a complaint, cross-complaint, or answer appears on the face of the pleading, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading. When any ground for objection to a complaint or cross-complaint does not appear on the face of the pleading, the objection may be taken by answer. A party objecting to a complaint or cross-complaint may demur and answer at the same time.

Section 430.40 states a person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint. A party who has filed a complaint or cross-complaint may, within 10 days after service of the answer to his pleading, demur to the answer.

Section 430.41 provides, before filing a demurrer, the demurring party is required to meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. As part of the meet and confer process, the demurring party must identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies.

The party who filed the complaint, cross-complaint, or answer is required to provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. The parties have to meet and confer at least 5 days before the date the responsive pleading is due.

The demurring party is required to file and serve with the demurrer a declaration stating one of two specified items. A determination by the court that the meet and confer process was insufficient is not grounds to overrule or sustain a demurrer. A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained cannot demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer.

If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. This section does not apply to two specified types of civil actions.

Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. Nothing in this section affects appellate review or the rights of a party.

Section 430.50 allows a demurrer to a complaint or cross-complaint to be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein. A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answer.

Section 430.60 requires a demurrer to distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded.

Section 430.70 allows a court to take judicial notice of specified information in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, except as the court may otherwise permit.

Section 430.80 states, if the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection, with an exception.

Section 430.90 specifies, where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond is based upon specified items and the court on remand can do specified acts. For the purposes of this section, time is calculated from the date of the original court’s receipt of the order of remand.