Bochnewich Law Offices
Re Filing a Demurrer in Probate Court: Can you Do it and When?
In California, a demurrer is a formal legal challenge a defendant files against a plaintiff's complaint or cross-complaint, arguing that the pleading is legally insufficient and does not meet the requirements to support a valid claim or cause of action. Instead of disputing the facts, the defendant asks the court to dismiss the case (or part of it) because even if the alleged facts were true, they do not constitute a legal wrong or meet all legal requirements.