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Any Defendant
Any Street
Any Town, CA 55555
714-555-5555
Defendant, In Pro Per
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF DEMURRER AND DEMURRER TO
COMPLAINT; MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
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Complaint-for-California
1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
the above entitled court, located at ____________________________________________,
Defendant, _________________________, will and hereby does move the Court for an order
sustaining general demurrers to the second and third causes of action in Plaintiff’s Complaint.
This demurrer is made pursuant to California Code of Civil Procedure § 430.10(e) on the
grounds that the second and third causes of action fail to state sufficient facts to constitute causes of
action.
This demurrer is based upon this notice, the attached demurrer, the attached memorandum of
points and authorities, and upon such oral and documentary evidence as may be presented by
Defendant upon the hearing of the demurrer.
DATED: _____________________ _____________________________________________
Any Attorney or Party
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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DEMURRER TO PLAINTIFF’S COMPLAINT
Defendant, __________________________ (“Defendant”) hereby generally demurs to the
second and third causes of action in Plaintiff’s Complaint as follows:
SECOND CAUSE OF ACTION
1. Defendant generally demurs to the second cause of action for fraud on the ground that
it fails to state facts sufficient to constitute a cause of action for fraud. Code of Civil Procedure §
430.10(e).
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
DATED: _____________________ _____________________________________________
Any Attorney or Party
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIMINARY STATEMENT
Plaintiff, ______________________(“Plaintiff ) filed their complaint against
Defendant, _____________________ (“Defendant”). The complaint has five causes of action, (1)
Conversion; (2) Fraud; (3) Fraud; (4) Breach of Contract-Promissory Note and (5) Money Had and
Received.
Defendant contends that the second and third causes of action for Fraud fail to state facts
sufficient to constitute causes of action for fraud in that they fail to allege the required elements of
fraud with the required specificity, and that the second cause of action for Fraud by False Promises
fails to allege any additional damages caused by any reliance of Plaintiff’s on any alleged false
promises made by Defendant.
For these reasons, this demurrer should be granted in its entirety.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
II.
ARGUMENT
A. THE COURT IS AUTHORIZED TO GRANT THIS DEMURRER
Code of Civil Procedure § 430.10 states, in pertinent part:
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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“The party against whom a complaint or cross-complaint has been filed may object, by
demurrer or answer as provided in section 430.30, to the pleading on any one or more of the
following grounds...(e) the pleading does not state facts sufficient to constitute a cause of action. (f)
The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and
unintelligible. (g) In an action founded upon a contract, it cannot be ascertained from the pleading
whether the contract is written, is oral, or is implied by conduct.”
The failure of the pleading to state a cause of action results from the fact that the complaint
appears deficient on the face of the pleading or from judicially noticed matter. Hall vs. Chamberlin,
(1948) 31 Cal.2d 673, 679-680. Thus, the Court is authorized to grant this demurrer.
B. THE SECOND AND THIRD CAUSES OF ACTION FOR FRAUD FAIL TO STATE
FACTS SUFFICIENT TO CONSTITUTE CAUSES OF ACTION FOR FRAUD IN THAT
THEY FAIL TO ALLEGE THE REQUIRED ELEMENTS OF FRAUD WITH THE
REQUIRED SPECIFICITY, AND THE SECOND CAUSE OF ACTION FAILS TO ALLEGE
ANY DAMAGES THAT SPECIFICALLY RESULTED FROM ANY ALLEGED FALSE
PROMISES
Defendant generally demurs to the second and third causes of action for Fraud on the ground
that they fail to state facts sufficient to constitute a cause of action for Fraud in that they fail to allege
the required elements of fraud with the required specificity.
1 “A complaint for fraud must allege the following elements: (1) a knowingly false
representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by
the plaintiff; and (4) resulting damages. Every element must be specifically pleaded.” Service by
Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1816.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT