Sample Demurrer to Complaint for Lack of Standing in California

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This sample demurrer to complaint 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 based on section 367 of the Code of Civil Procedure which requires that every action must be prosecuted by the real party in interest. The sample has been revised and updated as of January 27, 2016, is 13 pages and includes brief instructions, a 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 430.41 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.