[header] How to oppose a demurrer to a complaint [title] Read the demurrer. [step] In a demurrer, the defendant will claim that your complaint is legally deficient. Typically, the defendant will argue that you failed to sufficiently allege a cause of action by leaving out a required element.
[header] How to oppose a demurrer to a complaint [title] Read the demurrer. [step] In a demurrer, the defendant will claim that your complaint is legally deficient. Typically, the defendant will argue that you failed to sufficiently allege a cause of action by leaving out a required element.
Demurrers also come with defenses in their own medical malpractice suits. For example, a doctor might argue that you shouldn't have taken care of your problems when you had allergies to his products. [substeps] Take out your complaint and read it side by side with the defendant's demurrer. Check to see if the defendant has accurately summarized your complaint. Here are the things that will vary from case to case : [substeps] The defendant may claim you negligently demurrerated yourself. This statement reflects with a lot of embellishment whether the defendant had a legitimate reason for demurring. [substeps] You also can insert ambiguous statements into the demurrer. Some demurrers only apply to specific factors, such as race, gender, historical events, and intent to steal public assets.