Sample Demurrer to Answer for California
This sample demurrer to an answer for California is used by the plaintiff when the answer filed by the defendant contains nothing but boilerplate affirmative defenses. The sample has been revised and updated as of January 27, 2016 and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, declaration regarding compliance with the meet and confer requirements of Code of Civil Procedure § 430.41 and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.