“There is no statutory authority [in state court] for using a motion to dismiss as a method to challenge opposing pleadings. Under the Code, dismissal motions are expressly authorized only on specified grounds, including nonjoinder of necessary parties [CCP sec. 389[b]] and delay in service of summons or prosecution of the action.”
“Demurrers are not used in federal practice []. A motion to dismiss is the primary method for challenging pleadings.”
[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].
