This document is a notice of demurrer and demurrer to a complaint filed by a defendant. It summarizes that the defendant is demurring to the first, second, third, fourth, fifth and sixth causes of action in the plaintiff's complaint. The defendant argues that the first, third and fifth causes of action for breach of contract fail to state whether the alleged contracts are written, oral, or implied. The defendant also argues that the breach of contract causes of action fail to state sufficient facts or attach the alleged contracts. The defendant requests that the demurrer be granted in its entirety.

1. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
NOTICE OF DEMURRER AND DEMURRER TO
COMPLAINT; MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
To subscribe to my FREE California weekly legal newsletter visit
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
address. Be sure to remove these notices before using this document.
To purchase and download the entire sample document visit:
http://www.scribd.com/doc/25455024/Sample-Demurrer-to-Complaint-for-
Breach-of-Contract
1NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
________________________________________
- 1 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

2. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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 first, second, third fourth, fifth and sixth 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 first, second, third, fourth, fifth and sixth second causes of action in Plaintiff’s
Complaint fail to state sufficient facts to constitute causes of action, and pursuant to California Code
of Civil Procedure § 430.10(g) on the further grounds that the first, third and fifth causes of action
fail to allege whether the alleged contract or contracts are written, oral or implied by conduct.
This demurrer is based upon this notice of hearing of demurrer, the attached demurrer, the
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
- 2 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

3. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DEMURRER TO PLAINTIFF’S COMPLAINT
Defendant, __________________________ (“Defendant”) hereby generally demurs to the
first, second, third, fourth, fifth and sixth causes of action in Plaintiff’s Complaint as follows:
FIRST CAUSE OF ACTION
1. Defendant generally demurs to the First Cause of Action for Breach of Contract on the
ground that it fails to allege whether the contract is written, oral, or is implied by conduct. Code of
Civil Procedure § 430.10(g). And further that it fails to state facts sufficient to constitute a cause of
action for Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff
pled the essential terms of the alleged contract. 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: __________________ ___________________________________________________
___________________________, Defendant, In Pro Per
- 3 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

4. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIMINARY STATEMENT
Plaintiff, ______________________(“Plaintiff ) filed their complaint against
Defendant, _____________________ (“Defendant”). The complaint has six causes of action, (1)
Breach of Contract; (2) Common Count for Open Book Account; (3) Breach of Contract; (4)
Common Count for Open Book Account; (5) Breach of Contract; (6) Common Count for Open Book
Account.
Defendant contends that the three causes of action for Breach of Contract fail to allege
whether the contract is written, oral or implied by conduct, and further that the three causes of action
for Breach of Contract fail to state facts sufficient to constitute Causes of Action for Breach of
Contract in that Plaintiff has failed to either attach the alleged contract or contracts, nor has Plaintiff
pled the essential terms of the alleged contract or contracts.
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.
///
///
///
///
///
- 4 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

5. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II.
ARGUMENT
A. THE COURT IS AUTHORIZED TO GRANT THIS DEMURRER
Code of Civil Procedure § 430.10 states, in pertinent part:
“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.”
A demurrer admits the truth of all facts pleaded. Rosland v. Morgan Stanley Dean Witter Co.,
(2000) 80 Cal.App.4th 345, 349.
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 FIRST, THIRD AND FIFTH CAUSES OF ACTION FOR BREACH OF
CONTRACT FAIL TO ALLEGE WHETHER THE ALLEGED CONTRACT OR
CONTRACTS ARE WRITTEN, ORAL OR IMPLIED BY CONDUCT, THEY FURTHER
FAIL TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION FOR
BREACH OF CONTRACT AS PLAINTIFF HAS FAILED TO EITHER ATTACH A COPY
OF THE ALLEGED CONTRACT OR CONTRACTS, AND HAS ALSO FAILED TO PLEAD
THEIR ESSENTIAL TERMS
- 5 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

6. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Defendant generally demurs to the first, third and fifth causes of action for Breach of Contract
on the ground that they fail to allege whether the alleged contract or contracts are written, oral or
implied by conduct. Therefore it cannot be ascertained from the pleading whether the contract is
written, oral or implied by conduct. Code of Civil Procedure § 430.10(g).
If you like this sample document please visit theFacebook page for
LegalDocsPro at: http://www.facebook.com/LegalDocsPro and give it a
like.
- 6 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

7. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Defendant generally demurs to the first, third and fifth causes of action for Breach of Contract
on the ground that they fail to allege whether the alleged contract or contracts are written, oral or
implied by conduct. Therefore it cannot be ascertained from the pleading whether the contract is
written, oral or implied by conduct. Code of Civil Procedure § 430.10(g).
If you like this sample document please visit theFacebook page for
LegalDocsPro at: http://www.facebook.com/LegalDocsPro and give it a
like.
- 6 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT