
NC Form 3 2016-2025 free printable template
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Are you an attorney Steve Fondled we are talking civil litigation we are talking what is a demur the legal definition of demur and what do you do when you file a complaint in somebody else files a demur or somebody files a complaint against you, and you are deciding whether you should file a demur so this video is going to talk about the concept of demur under California law let's go without further ado to the attorney Steve white board litigation white board okay so we're talking about Defers what are they demur basically what happens is one party is going to file a complaint that's you that's them somebody's going to be setting forth their facts their grounds for relief what they thought was done wrong to them, you're going to name all your different causes of action you may be naming fraud you may have breach of fiduciary duty you may have breach of contract you may have intentional infliction of emotional distress you may have all kinds of claims in your complaint now it's the plaintiffs job to name the causes of action that they want to put in the complaint and to sufficiently plead the elements of each cause of action for example in a case for fraud like let's say real estate fraud you may have you have certain elements that you must plead a false statement of fact of present fact a material fact made to induce a plaintiff to rely on that fact the no knowledge that the fact was not true what it was it when it was stated reliance on the fact damages so you have to allege the specific causes of action specifically if you're not coming forward with laying out the proper grounds for your cause of action the other party may file a demur okay and so Defers is just a fancy word to say they're going to challenge the sufficiency of your pleading they're going to be coming to the court and saying basically even if everything the plaintiff is saying is true they don't state of course of action for the following reasons it's not specific it's exceeded the statute of limitation the plaintiff can't sue because they're a minor different types of things to challenge the sufficiency of the pleading now they're not all challenging the factual basis of your pleadings like did this happen red light green light they're not challenging that they're challenging the way that you pled the complaint they're challenging some defect in the way that you went about putting together the complaint so in some cases a ground for demur may sometimes apply you'll see a demurrer file also with a motion to strike and that's basically cutting out different parts of your pleadings so you often see those going hand-in-hand ad emir and a motion to strike but let's talk a little more about it so you filed the complaint and the defendant in California has 30 days to respond so one of the ways that a defendant could respond is by filing an answer basically saying I deny deny deny okay but one of the other options for a defendant in a California lawsuit is to file the demurrer okay...
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