“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]]
