Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

According to California Civil Procedure (CCP) Section 430.10(e), the party against whom a complaint has been filed may object, by demurrer to the pleading on the following ground:  The pleading does not state facts sufficient to constitute a cause of action.

The plaintiff assumes responsibility of stating a cause of action, and a demurrer is proper to test the sufficiency of a complaint.  Oppenheimer v. Clifton’s Brookdale (App. 1950) 220 P. 2d 435, hearing dismissed.  A general demurrer must be sustained if the complaint fails to state a cause of action.  Mull v. Hunter (1968) 266 Cal.App.2d 657.

For example, plaintiff names an insurance company as defendant in his complaint.  Yet, plaintiff does not state any allegations or causes of actions against the insurance company.  All the causes of actions pertaining to the plaintiff’s injuries are against a grocery store.  If plaintiff does not make claims against the insurance company, the company should not be a party to the lawsuit.