This sample opposition to a Demurrer to an Answer for California is filed by a Defendant who contends that the Demurer to their Answer should be overruled on the grounds that the affirmative defenses alleged in the Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain. The sample on which this preview is based is 9 pages and contains brief instructions, a memorandum of points and authorities with citations to case law, and a proof of service. The author has worked in California and Federal litigation since 1995.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
OPPOSITION TO DEMURRER TO ANSWER;
MEMORANDUM OF POINTS AND
AUTHORITIES
1 1
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OPPOSITION TO DEMURRER TO ANSWER

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1 Defendant herein submits its Opposition to Plaintiff’s Demurrer to the Answer filed by
Defendant on the grounds that the affirmative defenses alleged in the Answer do in fact state
sufficient facts to constitute affirmative defenses, and are not uncertain.
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
Authorities, on the complete files and records of this action, and on such other oral and/or
documentary evidence as may be presented at the hearing on the Motion.
Dated________________ _______________________________________________
Any |Attorney or Party
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OPPOSITION TO DEMURRER TO ANSWER

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some brief
facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.
Defendant served and filed their Answer to the complaint on ___________. See the Answer
of Defendant on file.
Plaintiff filed a Demurrer to the Answer alleging that the affirmative defenses alleged in the
Answer fail to state sufficient facts to constitute affirmative defenses, and are uncertain.
Defendant opposes the Demurrer and contends that the affirmative defenses alleged in the
Answer do in fact state sufficient facts to constitute affirmative defenses, and are not uncertain.
Defendant contends that this Court should overrule the Demurrer as the law in California is
clear that an Answer only needs to identify sufficient ultimate facts to form the basis for an
affirmative defenses and does not need to state all the evidence that may support the claim.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/230243645/Sample-Opposition-to-
Demurrer-to-Answer-for-California
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OPPOSITION TO DEMURRER TO ANSWER