Sample demurer to a complaint for lack of standing in California.

Sample Demurrer to Complaint for Lack of Standing in California

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Sample Demurrer to Complaint for Lack of Standing in California.

This sample demurrer to a complaint for lack of standing in California is used when a defendant wishes to file a general demurrer to a complaint based on lack of standing to sue by plaintiff.

The demurrer is filed based on Code of Civil Procedure section 367 which requires that every action must be prosecuted by the real party in interest.

The sample has been revised and updated in 2019, is 13 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration regarding compliance with the meet and confer requirements of Code of Civil Procedure section 430.4,1 and
  • Proof of service by mail.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.