SECTIONS 430.10-430.90 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 430.10-430.90

430.10. 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:
(a) The court has no jurisdiction of the subject of the cause of
action alleged in the pleading.
(b) The person who filed the pleading does not have the legal
capacity to sue.
(c) There is another action pending between the same parties on
the same cause of action.
(d) There is a defect or misjoinder of parties.
(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.
(h) No certificate was filed as required by Section 411.35.
(i) No certificate was filed as required by Section 411.36.

430.20. A party against whom an answer has been filed may object,
by demurrer as provided in Section 430.30, to the answer upon any one
or more of the following grounds:
(a) The answer does not state facts sufficient to constitute a
defense.
(b) The answer is uncertain. As used in this subdivision,
"uncertain" includes ambiguous and unintelligible.
(c) Where the answer pleads a contract, it cannot be ascertained
from the answer whether the contract is written or oral.

430.30. (a) When any ground for objection to a complaint,
cross-complaint, or answer appears on the face thereof, or from any
matter of which the court is required to or may take judicial notice,
the objection on that ground may be taken by a demurrer to the
pleading.
(b) When any ground for objection to a complaint or
cross-complaint does not appear on the face of the pleading, the
objection may be taken by answer.
(c) A party objecting to a complaint or cross-complaint may demur
and answer at the same time.

430.40. (a) A person against whom a complaint or cross-complaint
has been filed may, within 30 days after service of the complaint or
cross-complaint, demur to the complaint or cross-complaint.
(b) A party who has filed a complaint or cross-complaint may,
within 10 days after service of the answer to his pleading, demur to
the answer.

430.50. (a) A demurrer to a complaint or cross-complaint may be
taken to the whole complaint or cross-complaint or to any of the
causes of action stated therein.
(b) A demurrer to an answer may be taken to the whole answer or to
any one or more of the several defenses set up in the answer.

430.60. A demurrer shall distinctly specify the grounds upon which
any of the objections to the complaint, cross-complaint, or answer
are taken. Unless it does so, it may be disregarded.

430.70. When the ground of demurrer is based on a matter of which
the court may take judicial notice pursuant to Section 452 or 453 of
the Evidence Code, such matter shall be specified in the demurrer, or
in the supporting points and authorities for the purpose of invoking
such notice, except as the court may otherwise permit.

430.80. (a) If the party against whom a complaint or
cross-complaint has been filed fails to object to the pleading,
either by demurrer or answer, that party is deemed to have waived the
objection unless it is an objection that the court has no
jurisdiction of the subject of the cause of action alleged in the
pleading or an objection that the pleading does not state facts
sufficient to constitute a cause of action.
(b) If the party against whom an answer has been filed fails to
demur thereto, that party is deemed to have waived the objection
unless it is an objection that the answer does not state facts
sufficient to constitute a defense.

430.90. (a) Where the defendant has removed a civil action to
federal court without filing a response in the original court and the
case is later remanded for improper removal, the time to respond
shall be as follows:
(1) If the defendant has not generally appeared in either the
original or federal court, then 30 days from the day the original
court receives the case on remand to move to dismiss the action
pursuant to Section 583.250 or to move to quash service of summons or
to stay or dismiss the action pursuant to Section 418.10, if the
court has not ruled on a similar motion filed by the defendant prior
to the removal of the action to federal court.
(2) If the defendant has not filed an answer in the original
court, then 30 days from the day the original court receives the case
on remand to do any of the following:
(A) Answer the complaint.
(B) Demur or move to strike all or a portion of the complaint if:
(i) an answer was not filed in the federal court, and (ii) a demurrer
or motion to strike raising the same or similar issues was not filed
and ruled upon by the original court prior to the removal of the
action to federal court or was not filed and ruled upon in federal
court prior to the remand. If the demurrer or motion to strike is
denied by the court, the defendant shall have 30 days to answer the
complaint unless an answer was filed with the demurrer or motion to
strike.
(b) For the purposes of this section, time shall be calculated
from the date of the original court's receipt of the order of remand.