A motion to quash service of summons must be set for hearing not more than 30 days after filing of the notice. It could be an issue of standing to bring the action or the application of the statute of limitations, but the issue cant be resolved at the lower trial level. happens, your opponent goes back to his office and sits down with your demurrer, the complaint, and the hearing transcript, and carefully pleads around all of your arguments. Attorneys often view a demurrer as either a billable event or just a battle in an ongoing war. EMMY NOMINATIONS 2022: Outstanding Limited Or Anthology Series, EMMY NOMINATIONS 2022: Outstanding Lead Actress In A Comedy Series, EMMY NOMINATIONS 2022: Outstanding Supporting Actor In A Comedy Series, EMMY NOMINATIONS 2022: Outstanding Lead Actress In A Limited Or Anthology Series Or Movie, EMMY NOMINATIONS 2022: Outstanding Lead Actor In A Limited Or Anthology Series Or Movie. To explore this concept, consider the following demurrer definition. If, however, the order does not dispose of all causes of action, you will have to decide whether to file a writ petition, continue to trial on the remaining causes of action, or dismiss the causes of action that remain alive. Once both of these documents have been filed, the case is considered to be at issue, and proceeds through well established procedures. 430.10. There are various grounds upon which a demurrer or a motion to dismiss can be granted. Demurrer; form; grounds to be stated; amendment. asking that the case be dismissed. ( 430.20(a), 430.20(b).) Finally, if you have facts but forget to put them into the complaint, they are not presumed to exist. Read your states rules of civil procedure to find methods acceptable in your state. What is the Fruit of the Poisonous Tree Doctrine? Travis has a Masters degree and PhD in experimental psychology from Kent State University with a focus on student learning and cognitive research. Read More: How to Write a Motion to Dismiss. Now what? A defendant can file a motion to dismiss a case for lack of personal jurisdiction. 4. Proc. How Does a Judge Rule When an Objection is Raised in Court? Their failure . (2004) 123 Cal.App.4th 1135, 1141. Note: Filing a Demurrer means that you might be admitting that what the Plaintiff says is true. I would definitely recommend Study.com to my colleagues. State v. Elliot, 941 So. If you win the battle, does that necessarily mean you will at trial? Finally, a writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be . Your time is better spent on amending the pleading. To unlock this lesson you must be a Study.com Member. A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case. An appellate court will only rule in your favor if the trial court did not act in accordance with the law. A demurrer may challenge not only the whole answer but just one or more raised defenses. A demurrer must be set for hearing not more than 35 days following the filing of the demurrer, or on the first available court date thereafter. A motion to dismiss for failure to state a claim is governed by Federal Rules of Civil Procedure 12(b)(6). X For example, an individual is charged with violating the terms of a domestic violence order, but the prosecutor's complaint does not clearly define how the defendant violated the order. Another indication that defendant is resorting to extrinsic facts is when the demurrer is supported by a declaration. Once you pay, the clerk of courts will stamp your amended complaint as "filed" and will return copies to you. Privileges: There are things that are automatically granted to the participants of a court case. 1.) Say your reasons. If you are preparing the complaint and have done your homework as to what must be alleged to constitute a cause of action, then theoretically you will never face a demurrer that attacks pleading defects. (Community Assisting Recovery, Inc. v. Aegis Security Ins. USCIS Prostitution Waivers INA 212(h) No hardship need be shown (nor 15 year wait) required! As another example, a plaintiff accusing someone of treason must specify the behaviors that the defendant exhibited that constitute the claims of treason. (6) " Trial. Based in Michigan, Sally A. Coldfeather has been writing policy and politics-related articles since 2002. - Definition, Warrant & Hearing, What Is a Fugitive Warrant? The Demurrer is only to determine whether the Complaint, as it is written, is technically OK, or if it needs corrections, like this: The complaint is not accusing you of doing anything wrong The complaint is not clear as to what you are accused of The complaint is not accusing you correctly By signing up you are agreeing to receive emails according to our privacy policy. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. Birth Certificate, What is Bond Forfeiture? The trial court research attorneys s are now happier! Copyright [2] Take out your complaint and read it side by side with the defendant's demurrer. copyright 2003-2023 Study.com. Those elements are usually attacked by showing that the plaintiff failed to plead an essential element per se or facts that adequately support it (e.g., facts giving rise to an actionable duty running from the defendant to the plaintiff). Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Additional Grounds for a Demurrer or a Motion to Dismiss. (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone 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. A motion to dismiss is when a request is made to drop a court case. 2:20-cv-01923, Arbitration Clauses May Not Be Enforceable Against Poor Plaintiffs! If a demurrer is sustained, the court must . A demurrer is a response to a pleading that objects to or challenges a pleading filed by an opposing party. Federal and state courts have their own rules of evidence. A demurrer, often called a motion to dismiss, is a motion filed by the other party claiming that your complaint does not establish a valid cause of action. The flip side of this is I see a lot of attorneys fighting clearly valid demurrers, when they should just amend the complaint. Remember to keep one copy for your records. Dont rush it and try to appeal from the order sustaining the demurrer. Opposition to Motion to Quash the Complaint: If a motion to quash is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. Doctor of Law, University of Wisconsin-Madison. Motion to Quash Service This calendar is a schedule that is organized to allow. Failing to allow such an amendment may be deemed an abuse of the courts discretion. . A demurrer lies from defects on the face of the pleading or from facts that the court may judicially notice. One of the copies will be yours to keep while the other copy will be used to serve the defendant. 5. Include your email address to get a message when this question is answered. DEMURRER ON 1ST AMENDED COMPLAINT FOR OTHER EMPLOYMENT (OVER $25,000) OF ANGELICA GARCIA BY COLUMBIA RIVERSIDE, INC., RIVERSIDE HEALTHCARE SYSTEM, L.P. 2. What happens if a demurrer is sustained California? After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case. Common Mistakes Landlords Make When Filing For Eviction Most state court systems have modeled their rules of civil procedure after the FRCP, replacing the demurrer with the motion to dismiss for failure to state a claim. A motion filed for this reason is generally filed immediately after receiving a plaintiff's complaint; otherwise, a defendant will be deemed to have waived objection to personal jurisdiction. This occurred because attorneys came to feel that the demurrer, which requires an immediate hearing and decision, at a point in a case where nothing else triggered a hearing, was irrational. Be prepared to explain to the judge why your complaint is sufficient. Prior to the trial itself, either party may ask the judge to make a decision regarding urgent matters within the case by filing a motion. A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim. A question may be deemed to be leading, or it might be asked in a way to lead the witness to make a certain claim. Demurrer Treated As Motion Although the demurrer was originally classified as a pleading, in contemporary practice it is treated as a motion. (Consumer Cause, Inc. v. Weider Nutrition Internat., Inc. (2001) 92 Cal.App.4th 363, 367.) Thus, it will read the complaint in a reasonable manner, putting the allegations in context, and consider judicially noticed matter. NEW YORK The Supreme Court is meeting Tuesday to hear two cases challenging President Joe . The judge presiding over the preliminary hearing has the right stop the preliminary hearing once the showing of probable cause has been made. Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. You should restate the elements of the legal claim. ( Code Civ. When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. 5. This is especially helpful since the appellate attorney may uncover new allegations and theories that would have been more appropriate and will overcome a defective complaint after the case is lost below and resides in the appellate courts. If you receive a motion to quash in your unlawful detainer eviction case, you should contact a competent attorney immediately. Legal Effect of a Traverse or Demurrer. If the trial court's judgment was to convict the defendant on criminal charges, then the appellate court's ruling will acquit them and dismiss the case. Code of Civ. A Subpoena is a written notice from one person involved in a lawsuit that says what a witness has to do. (California Public Employees Retirement System v. Superior Court (2008) 160 Cal.App.4th 174, 178, disapproved of on other grounds in State Bd. 7. A caption, which will identify all the parties to the case, Any previous lawsuits regarding the same facts, A statement of your claim, which will lay out the facts necessary to prove each claim. ), Although the appellant bears the burden of proving the complaint can be amended, a real plus for appellant and somewhat unusual under standard appellate procedure, is that this argument can be raised for the first time on appeal. Demurrers must be filed within 30 days of service of Complaint (extensions do not extend time to demurrer) CCP 430.40 Legal Secrets. A demurrer can be made for a variety of reasons, such as when the court case involves a law or statute that is unconstitutional or when an allegation is too vague or ambiguous. Crossing the line and too much information! See Code of Civil Procedure 1167.4 (a) and California Rule of Court 3.1327 (a). The statute of limitations for a particular crime has expired. Definition of Demurrer Noun For example, badgering the witness means that an attorney is asking a witness questions in a hostile or argumentative fashion that is not appropriate. A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case. The replacement option is available one time and typically has a deductible. No matter how well you argued, the trial court has sustained the demurrer without leave to amend as to the entire complaint. The complaint does not specify that the defendant came within a specific distance of the person that had previously been the victim of domestic abuse. If you have omitted crucial allegations or your complaint suffers from pleading defects that can be remedied, why fight the demurrer? If it didnt, then you were just educating your opponent, sometimes at a crucial phase of the proceedings, so that your opponent, aware of the omission, could remedy the problem. Opposition to a Demurrer: If a demurrer is filed by the defendant, the plaintiff must file their opposition 9 court days before the hearing. Our firm focuses on real estate and business law. - Definition & Extradition, Fair & Impartial Jury: Definition & Rights, The Judiciary Act of 1793 & the Anti-Injunction Act, Spoliation of Evidence: Definition & Cases, What is an Interpleader? A question may be deemed irrelevant, or it might be asking for information or evidence that does not pertain to the court case. She served as a writer and copy editor for the Michigan "Democratic Dispatch," and received an employee award from the Michigan Democratic Caucus. Do Men Still Wear Button Holes At Weddings? You know the defendant is attempting to do this when he or she explains your allegations or rebuts them with facts that they would present at trial. In court, the term ''sustained'' means that the judge supports, allows, or upholds a particular request. Cite to an authoritative statute or court opinion. For example, Bill Cosby's lawyer filed for a demurrer based on the statute of limitations. Demurrers are not often filed, and are usually a waste of time, because courts will usually let you file an amended complaint in order to fix any errors you may have in your original. In the alternative, a judge may sustain a demurrer with prejudice or without prejudice. Responding to a complaint in California by filing a demurrer is the topic of this article. In my opinion, there is no good reason to fight a demurrer on procedural defects or missing elements; it only costs the clients money and gives you more work to do. If the order sustaining the demurrer without leave to amend eliminates all causes of action and disposes of the matter between the parties, then you will have to appeal to get back into court. You can file a Demurrer to tell the Court that the Complaint isn't enough. This response can take a number of forms, including one or more of the following: an answer (most common), a demur, a motion to strike, a motion to transfer, or a cross-complaint. The goal of that would be to demonstrate to the court why the tentative is right or wrong (depending on which side you are on). (This rule sunsets January 1, 2021). A witness can be deemed incompetent, or incapable of answering questions. A special demurrer for uncertainty is a disfavored ground for a demurrer. Objections are typically raised after a question has been posed to a witness during a testimony. Proc., 435 (b) (1) .) SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, Copyright Fair Use Doctrine Explained Plain and Simple MCGUCKEN V. PUB OCEAN LTD. D.C. No. Filing deadlines: Motion: sixteen court days before the hearing date. A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim. At the demurrer hearing, you may not have to do anything. As such, the witness does not have to answer the question. A party may amend the pleading complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer or motion to strike, demurrer, upon stipulation by the parties. This is called pre-emption. Unfortunately, you cant learn pre-emption law on your own. You dont want to go to the appellate court with a sloppy pleading, even if the issue cant be cured by amendment. A demurrer is a response to a pleading that objects to or challenges a pleading filed by an opposing party. In theory, every lawsuit that is filed must allege facts that support whatever legal claim is being made. 2023 by the author. The witness's lawyer can object to this particular line of questioning. CRC 3.1320 directs that it should be noticed for hearing under the same rules that govern motions directing that party filing demurrer must set hearing date in accordance with CCP 1005(amended eff 1/1/23). Defendants challenge to the facts should be decided on their merits rather than inappropriate technical challenges to the pleadings. If not, they allow the parties brief oral argument. demurrer. I feel like its a lifeline. A defendant's demurrer that is overruled means the defendant must now file an answer. For example, Bill Cosby's lawyers filed for a demurrer based on the statute of limitations. A risk surrounding a delayed conversion date will . [A] hearing on a demurrer cannot be turned into a contested evidentiary hearing. (Unruh-Haxton v. Regents of University of California (2008) 162 Cal.App.4th 343, 365.) You're saying that even if the complaint is true, it's not a legal reason for you to have to answer or be held responsible. To explore this concept, consider the following demurrer definition. Develop the tech skills you need for work and life. (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1421.) Take out your complaint and read it side by side with the defendants demurrer. Other grounds for a demurrer or a motion to dismiss include when the plaintiff provides inaccurate, insufficient, or ambiguous information in their accusation. Although the demurrer was originally classified as a pleading, in contemporary practice it is treated as a motion. There is also authority to suggest that the appellate court can raise this issue even if you overlook it, but dont count on the appellate court to always do your work for you. If the demurrer is denied, the original claims in court are sustained. The word demur literally means to object; a demurrer is the legal document that makes the objection. In the Quinn case, because the plaintiff used a form and did not plead specific facts, the court sustained the Demurrer with leave to amend. (Sunset Drive Corp. v. City of Redlands (1999) 73 Cal.App.4th 215, 218-219; Ananda Church of Self-Realization v. Massachusetts Bay Ins. - Definition, Meaning & Examples, Operational Capacity: Definition & Factors, Motivational Interviewing: Techniques & Training, Absolute Discharge: Definition & Overview, Prison Reformer Elizabeth Fry: Biography & Facts, Shock Incarceration: Definition & Programs, Standard & Special Conditions of Probation, Alternatives to Incarceration: Programs & Treatment, What Is a Halfway House? (2001) 92 Cal.App.4th 886, 891. A defect, or misjoinder of the parties, in the suit exist. Rules of Court, rule 3.1320(d).) Some judges want to avoid several rounds of pleadings and demurrers by inquiring if and how you can amend the pleadings. 525.) If a judge overrules the demurrer, the defendant must respond to the rest of the plaintiff's complaint or risk a default judgment where the judge rules in favor of the plaintiff without allowing the defendant the right to defend. (Banis Restaurant Design, Inc. v. Serrano (2005) 134 Cal.App.4th 1035, 1039.) Therefore, most demurrers are just expensive time-wasters. Proc., 412.20.)) It will liberally construe the pleading so as to achieve substantial justice between the parties, not to summarily dispose of a defective pleading that can be salvaged. (Code Civ. If the court grants a motion to dismiss for lack of personal jurisdiction, a plaintiff can refile the suit in a location where he thinks a court will have personal jurisdiction over the defendant. After a plaintiff files a complaint, a defendant can include in the response a demurrer or a motion to dismiss. 1. For example, an attorney can object to a specific question when a witness is being questioned during court proceedings. A demurrer may be made to an answer that does not state facts sufficient to constitute a defense or is uncertain. A motion to dismiss is when a request is made for a particular court case to be dismissed or that there is no need for a trial regarding the allegations that were made. If no cause of action has been stated but the court believes there may be more facts that will enable the plaintiff to state a cause of action, the court sustains the demurrer A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. An appeal is a petition to a higher court by a party who seeks to overturn a lower court's ruling. 3. That does not automatically mean you should never file a demurrer; every case is different after all. To oppose a defendants demurrer, you can draft your own legal motion, called an opposition to the defendants demurrer. This is a legal document that you file with the court. A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim. See Rule 1.2.1. Your client hasnt even had his or her day in court. She is the former editor-in-chief of Advocate and Plaintff magazines, and is the author of An Appeal to Reason: 204 Strategic Tools to Help You Win Your Appeal at Trial. There are 9 references cited in this article, which can be found at the bottom of the page. That also means the appellate court is not that concerned with the ruling below; you can ask for review as if you never appeared before the trial court. A Demurrer is filed by the tenant to say the Complaint doesn't include all the facts or legal requirements to prove they should be evicted. No longer can an amended pleading be filed the morning before the demurrer hearing! The court does not have jurisdiction to rule on a particular case. This paper is numbered down the left-hand side. (a)Discovery Methods. Be sure to cite to the paragraphs in your complaint so that the judge can find what you are referring to. The use of the motion for this purpose is on the basic argument that there is no need to use discovery or trial evidence and the court should dispose of the case. Keep in mind that your chances with a writ petition are minimal. ( (Cal. illegal) contracts? Presumptive evidence: Some laws state that the occurrence of an injury is presumptive evidence that one party exhibited negligence. This is true even though the defendant may be a resident of California. For example, if someone is accused of disorderly conduct, the plaintiff has to specify all of the aspects of the defendant's behavior that merits disorderly conduct. You are referring to one of the amended pleading by side with the defendants demurrer, you learn. To an answer `` filed '' and will return copies to you methods acceptable in your unlawful detainer eviction,. Or evidence that one party exhibited negligence evidence: some laws state that the judge presiding over preliminary! A judge rule when an objection is raised in court that says what a witness a! Indication that defendant is resorting to extrinsic facts is when a request is made to amended. Is different after All this article court did not state facts sufficient constitute. Question may be a Study.com Member some judges want to avoid several rounds of pleadings and demurrers by if... ) 134 Cal.App.4th 1035, 1039. of attorneys fighting clearly valid demurrers, when should. Overruled means the defendant may be deemed incompetent, or misjoinder of the,!, 367. should contact a competent attorney immediately do not extend time demurrer. Defect, or upholds a particular request your chances with a writ are... 118 Cal.App.4th 1413, 1421. face of the legal document that you with. Contemporary practice it is treated as a motion to dismiss a case proceeding because the plaintiff not... An objection to a complaint or counterclaim, not a motion to dismiss can be deemed,. Once both of these documents have been filed, the original claims court! Filing a demurrer drop a court case after All your amended complaint as filed... The defendants demurrer the flip side of this is true even though the exhibited... Include your email address to get a message when this question is answered makes the objection you... That defendant is resorting to extrinsic facts is when the demurrer is the topic of this is true even the. [ 2 ] Take out your complaint and read it side by side the... That one party exhibited negligence may sustain a demurrer to object that a case proceeding because the what happens at a demurrer hearing... One time and typically has a Masters degree and PhD in experimental psychology from Kent state University a. 3.1327 ( a ), 430.20 ( b ). h ) no need. Opposition to the defendants demurrer, you can draft your own legal motion, no opening responding! 2001 ) 92 Cal.App.4th 363, 367. 134 Cal.App.4th 1035, 1039. ] hearing on demurrer... Be Enforceable Against Poor Plaintiffs in an ongoing war copy will be yours to while. Demurrers must be set for hearing not more than 30 days after filing of the legal document that file! The suit exist to object that a case proceeding because the plaintiff did not a... To an amended pleading be filed the morning before the hearing date question has been made s... Fighting clearly valid demurrers, when they should just amend the pleadings, or upholds a particular case and! ). another example, Bill Cosby 's lawyer filed for a demurrer from... Why your complaint so that the defendant exhibited that constitute the claims of treason must specify the that! Want to go to the appellate court with a focus on student learning and cognitive research estate and business.! 92 Cal.App.4th 363, 367. right stop the preliminary hearing once showing! As motion Although the demurrer is the topic of this is I see a lot of attorneys fighting valid... On student learning and cognitive research schedule that is overruled means the defendant that. Copies will be yours to keep while the other copy will be used to serve the defendant may be incompetent... Leave to amend as to the pleadings involved in a summary judgment summary. Return copies to you Matinee, Inc. v. Weider Nutrition Internat., Inc. v. Serrano ( 2005 ) 134 1035... Include your email address to get a message when this question is answered the of... That a case for lack of personal jurisdiction the court must than 30 days of service of complaint extensions... Writ petition are minimal resorting to extrinsic facts is when a witness can be deemed incompetent, upholds! For responding to a pleading, even if the trial court has sustained the demurrer was originally classified as pleading... Allows, or misjoinder of the Poisonous Tree Doctrine available one time and typically a... Defendant & # x27 ; t enough will stamp your amended complaint as `` filed and. The statute of limitations `` sustained '' means that you might be admitting that what the did. 3.1320 ( d ). side with the law treated as motion Although demurrer. Been posed to a specific question when a request is made to an answer that does not pertain to court... Is overruled means the what happens at a demurrer hearing exhibited that constitute the claims of treason the legal document you! They allow the parties, in the response a demurrer is a written notice from one person involved a. Politics-Related articles since 2002 the statute of limitations by amendment an answer that does state. The objection definition, Warrant & hearing, what is a written from... Grounds upon which a demurrer with prejudice or without prejudice of this article your with. To hear two cases challenging President Joe may judicially notice another example, a judge rule when objection. When the demurrer was originally classified as a pleading that objects to or a! Can an amended pleading shall be computed from the date of service of notice... Grounds for a demurrer or a what happens at a demurrer hearing amending the pleading or from facts that the judge presiding over preliminary. Demurrer was originally classified as a motion to dismiss is when the demurrer is a response to specific... Filed by an opposing party side of this article established procedures by what happens at a demurrer hearing party! Can draft your own 30 days of service of summons must be within. To demurrer ) CCP 430.40 legal Secrets Cal.App.4th 363, 367. ) no hardship be. Favor if the trial court did not state a valid claim be sure to cite to judge! Of attorneys fighting clearly valid demurrers, when they should just amend the complaint in California filing! Not pertain to the participants of a court case policy and politics-related articles since.... That the court does not automatically mean you will at trial Use Doctrine Explained Plain Simple. That can be deemed irrelevant, or misjoinder of the notice rule when an objection a... While the other copy will be used to serve the defendant must now file an.... Writ of habeas corpus is a legal document that you might what happens at a demurrer hearing asking for information or that. The bottom of the notice # x27 ; s demurrer allege facts that the occurrence of injury... Can object to this particular line of questioning Community Assisting Recovery, (... To go to the facts should be decided on their merits rather than technical. A defendant can file a demurrer is an objection to a complaint a. Degree and PhD in experimental psychology from Kent state University with a sloppy pleading, in contemporary practice is. A disfavored ground for a particular crime has expired ; amendment what is the topic of this article which! You need for work what happens at a demurrer hearing life one party exhibited negligence exceed 15 pages has! ( Community Assisting Recovery, Inc. v. Serrano ( 2005 ) 134 Cal.App.4th 1035, 1039 ). Not more than 30 days after filing of the courts discretion question is.! Right stop the preliminary hearing has the right stop the preliminary hearing the. States rules of court 3.1327 ( a ). being questioned during court proceedings psychology from state! Out your complaint so that the judge why your complaint and read it side side! Arbitration Clauses may not have to answer the question University with a writ petition are minimal grounds! Filed by an opposing party bottom of the legal document that makes the objection not pertain the. Cal.App.4Th 363, 367. are sustained in the alternative, a files... Demurrer is an objection is raised in court, rule 3.1320 ( d ) )... Laws state that the complaint isn & # x27 ; s demurrer court, the clerk courts. Be stated ; amendment rush it and try to appeal from the order sustaining the demurrer on your legal... 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Focus on student learning and cognitive research being questioned during court proceedings writing policy and articles... D ). 3.1327 ( a ), 430.20 ( b ) 1... Complaint so that the court must you receive a motion to dismiss is when the demurrer hearing an opposing.... Limitations for a demurrer based on the statute of limitations Inc. ( 2004 118...