What is a Demurrer?
A demurrer is a pleading that challenges the sufficiency of the complaint, cross-complaint or answer. It raises issues of law, not fact. Generally, a demurrer to a complaint or cross-complaint asserts that, even if all the facts alleged in the complaint or cross-complaint are true, they do not state a claim the law recognizes; that is, they do not state a claim for which the court can grant relief. A demurrer may also assert other deficiencies, for example, that the court does not have jurisdiction of the claim asserted in the complaint or cross-complaint, that the claim is already before the court in another case, that the proper parties have not been included in the case, or that the responding party cannot understand what is being alleged. (Code Civ. Proc. 430.10.) Generally, a demurrer to an answer asserts that, even if all the facts alleged in the answer are true, they do not constitute a defense to the claims alleged in the complaint. It may also assert that the answer cannot be
