Demurrers in California Business Lawsuits: What They Do and When to File

Last updated: October 2026

A demurrer is a California defendant's way of saying "even if everything in this complaint were true, it is not a valid claim." It is decided on the face of the pleading. It must be filed within 30 days of service, after a required meet-and-confer conference. Kolmogorov Law, P.C. files and opposes demurrers in business cases in Orange County, Los Angeles, and across California, and tells clients plainly when one is worth the cost and when it is not.

Call (909) 235-6116 or contact us online to discuss a complaint your business has been served with.

What a demurrer is

A demurrer attacks the complaint, not the facts. The court assumes the allegations are true and asks whether they add up to a legal claim. Evidence does not come in. The judge looks at the pleading itself and at matters the court can judicially notice, such as a recorded deed or a prior court order. (Code Civ. Proc., § 430.30, subd. (a).)

That makes a demurrer different from a summary judgment motion, which is decided on evidence, and from an answer, which denies the facts. A demurrer says: these facts, taken as written, do not state a cause of action.

The grounds

The statute lists them. The court lacks subject matter jurisdiction. The plaintiff lacks capacity to sue. Another action is pending between the same parties on the same claim. Parties are defective or misjoined. The pleading does not state facts sufficient to constitute a cause of action. The pleading is uncertain, which includes ambiguous and unintelligible. In a contract case, the complaint does not say whether the contract is written, oral, or implied by conduct. (Code Civ. Proc., § 430.10, subds. (a)-(g).)

In business cases two grounds do most of the work: failure to state a cause of action, and uncertainty. A fraud claim pleaded without the who, what, when, and how. A breach of contract claim that never says what term was breached. A fiduciary duty claim against someone who owed no duty. Those are demurrer targets.

The deadline and the meet and confer

A defendant may demur within 30 days after service of the complaint. (Code Civ. Proc., § 430.40, subd. (a).) Before filing, the demurring party must meet and confer with the party who filed the pleading, in person, by telephone, or by video, to see whether the objections can be resolved by agreement. (Code Civ. Proc., § 430.41, subd. (a).) The conference must happen at least five days before the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).)

If the parties cannot confer in time, the demurring party gets an automatic 30-day extension. The price is a declaration, filed on or before the day the demurrer would be due, stating under penalty of perjury that a good-faith attempt was made and why it failed. The extension runs from the original due date, and no default can be taken during it. (Code Civ. Proc., § 430.41, subd. (a)(2).) Further extensions require a court order for good cause.

I use that declaration carefully. It is a real tool when the other side will not return calls, but a judge can tell the difference between a good-faith attempt and a form letter sent the day before the deadline.

What happens after the hearing

Three outcomes. The demurrer is overruled, and the defendant answers. It is sustained with leave to amend, which is the most common result on a first demurrer, and the plaintiff files an amended complaint. Or it is sustained without leave, which ends the claim.

The amendments are not unlimited. In response to a demurrer, and before the case is at issue, a complaint may not be amended more than three times. The exception is a plaintiff who offers the court additional facts showing a reasonable possibility the defect can be cured. (Code Civ. Proc., § 430.41, subd. (e)(1).) Each round costs both sides money, which is part of the calculation.

The motion to strike

A demurrer's companion is the motion to strike, filed within the same time allowed to respond to the pleading. (Code Civ. Proc., § 435, subd. (b)(1).) The court may strike irrelevant, false, or improper matter, or any part of a pleading not drawn in conformity with California law, a court rule, or a court order. (Code Civ. Proc., § 436.) In business cases the usual target is a punitive damages demand with no facts behind it, or an attorney fee demand with no contract or statute supporting it. Where a complaint attacks speech or petitioning activity, the anti-SLAPP motion is a different and more powerful tool.

When a demurrer is worth it, and when it is not

A demurrer makes sense when it can knock out a claim that carries real exposure, such as fraud with its punitive damages, or when the complaint is so vague that you cannot tell what you are accused of. It also makes sense when the plaintiff has a pleading problem it cannot fix, like a statute of limitations that has run on the face of the complaint.

It is usually not worth filing when the defect is cosmetic and the plaintiff will simply amend. You spend money, the other side learns your arguments, and the case is where it was two months earlier. In those cases we answer, serve discovery, and look for a dispositive motion later. Our pleadings and motions overview and our page on the motion for judgment on the pleadings cover the alternatives.

Where demurrers are heard

Demurrers in Orange County business cases are heard in the department assigned to the case at the Central Justice Center in Santa Ana. In Los Angeles, most are heard at the Stanley Mosk Courthouse, where the calendar can push a hearing out several months. That delay is itself a factor; a demurrer may postpone discovery for a defendant who needs time, or stall a plaintiff who needs speed.

Frequently asked questions

What is a demurrer in simple terms?

A request that the judge throw out a claim because the complaint, even if true, does not describe a valid legal claim. The judge reads the complaint, not evidence. (Code Civ. Proc., § 430.30, subd. (a).)

How long do I have to file a demurrer in California?

Thirty days after service of the complaint. (Code Civ. Proc., § 430.40, subd. (a).) You must meet and confer at least five days before that date, and if you cannot, a declaration filed on time gives you an automatic 30-day extension. (Code Civ. Proc., § 430.41, subd. (a)(2).)

Does a demurrer end the case?

Rarely on the first try. Most sustained demurrers come with leave to amend. A demurrer ends a claim when the defect cannot be fixed, for example a claim that is time-barred on the face of the complaint, or after the plaintiff has used up its amendments.

What is the difference between a demurrer and a motion to strike?

A demurrer attacks whole causes of action for failing to state a claim. A motion to strike removes specific improper matter, such as an unsupported punitive damages demand. (Code Civ. Proc., § 436.) They are often filed together.

Can I demur to a cross-complaint?

Yes. A cross-defendant has the same 30 days and the same tools. See our page on being served with a cross-complaint.

Talk to a California business litigation attorney

If your business has been sued and the complaint has problems, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618. We represent businesses in Orange County, Los Angeles, and throughout California. Our first 30 days guide and the deadlines guide cover the rest of the early calendar.

This page provides general information about California law and is not legal advice. Outcomes depend on the pleading, the facts, and the court.