1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
) COMPLAINT; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES; DECLARATION OF
) ______________ REGARDING COMPLIANCE
14 Any Defendant, and DOES 1-5 ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE 430.41
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
18 )
)
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
2 ________________________________________
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4 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

5 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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the above entitled court, located at ____________________________________________,
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Defendant, _________________________, will and hereby does move the Court for an order
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sustaining general demurrers to the second and third causes of action in Plaintiffs Complaint.

10 This demurrer is made pursuant to Code of Civil Procedure 430.10(e) on the grounds that

11 the second and third causes of action fail to state sufficient facts to constitute causes of action.
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This demurrer is based upon this notice of hearing of demurrer, the attached demurrer, the
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memorandum of points and authorities, the attached declaration of ________ regarding compliance
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with the meet and confer requirements of Code of Civil Procedure 430.41, and upon such oral and
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16 documentary evidence as may be presented by Defendant upon the hearing of the demurrer.

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DATED: ________________ ____ _____________________________________________
19 ANY ATTORNEY OR PARTY

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1 DEMURRER TO PLAINTIFFS COMPLAINT
2 Defendant, __________________________ (Defendant) hereby generally demurs to the
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second and third causes of action in Plaintiffs Complaint as follows:
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SECOND CAUSE OF ACTION
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1. Defendant generally demurs to the on the ground that it fails to state facts sufficient to

7 constitute a cause of action for fraud. Code of Civil Procedure 430.10(e).

8 THIRD CAUSE OF ACTION

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1. Defendant generally demurs to the Third Cause of Action for Fraud on the ground that it fails
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to state facts sufficient to constitute a cause of action for fraud. Code of Civil Procedure 430.10(e).
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12 Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless it definitely applies
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15 to your particular situation.

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18 DATED: __________________ ___________________________________________________

ANY ATTORNEY OR PARTY
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiff, ______________________(Plaintiff ) filed their complaint against
5

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Defendant, _____________________ (Defendant). The complaint has five causes of action, (1)

7 Conversion; (2) Fraud; (3) Fraud by False Promises; (4) Breach of Contract-Promissory Note and (5)

8 Money Had and Received.

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Defendant contends that the second and third causes of action for Fraud fail to state facts
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sufficient to constitute causes of action for fraud in that they fail to allege the required elements of
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fraud with the required specificity, and that the second cause of action for Fraud by False Promises
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13 fails to allege any additional damages caused by any reliance of Plaintiffs on any alleged false

14 promises made by Defendant.

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The moving party has complied with the meet and confer requirements of Code of Civil
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Procedure 430.41 as shown by the attached declaration.
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For these reasons, this demurrer should be granted in its entirety.
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19 Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1 II.
2 ARGUMENT
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A. THE COURT IS AUTHORIZED TO GRANT THIS DEMURRER AND THE
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MOVING PARTY HAS COMPLIED WITH THE MEET AND CONFER
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REQUIREMENTS OF CODE OF CIVIL PROCEDURE 430.41

7 Code of Civil Procedure 430.10 states, in pertinent part:

8 The party against whom a complaint or cross-complaint has been filed may object, by
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demurrer or answer as provided in section 430.30, to the pleading on any one or more of the
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following grounds...(e) the pleading does not state facts sufficient to constitute a cause of action. (f)
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The pleading is uncertain. As used in this subdivision, uncertain includes ambiguous and
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13 unintelligible. (g) In an action founded upon a contract, it cannot be ascertained from the pleading

14 whether the contract is written, is oral, or is implied by conduct.

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The moving party has complied with the meet and confer requirements of Code of Civil
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Procedure 430.41 as shown by the attached declaration.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT