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A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
The special motion to strike is a motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs). [1] They were created in 1992 with the purpose of encouraging participation in matters of public significance. The motion allows a litigant to strike a complaint when it arises ...
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
The writ of mandate is a type of extraordinary writ in the U.S. state of California. [1] [2] In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a ...
California Gov. Gavin Newsom ordered state agencies Thursday to start removing homeless encampments on state land in his boldest action yet following a Supreme Court ruling allowing cities to ...
This means that California adheres to an arcane distinction between what constitutes pleading of a mere "fact", versus an "ultimate fact", versus a "conclusion of law". California is one of two states, the other being Virginia, which uses the demurrer as the primary pre-answer attack on the complaint. Most states and the federal courts have ...
In a complaint to the Justice Department, ... Complaint accuses California Senate candidate Steve Garvey of failing to disclose income. Laura J. Nelson. July 22, 2024 at 3:01 PM.
In California, firefighters were on the lines of at least 18 wildfires Tuesday, including a 41-square-mile (106-square-kilometer) blaze in the mountains of Santa Barbara County. The Lake Fire was ...