CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10. - 432.10.]
Chapter 3 added by Stats. 1971, Ch. 244.
§§ 430.10–432.10 · 17 sections
ARTICLE 1. Objections to Pleadings §§ 430.10–430.90 · 10 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 430.41 (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Denials and Defenses §§ 431.10–431.70 · 6 sections
- § 431.10 (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it…
- § 431.20 (a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true. (b)…
- § 431.30 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Defendant” includes a person filing an answer to a cross-complaint. (b) The…
- § 431.40 (a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy…
- § 431.50 In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause…
- § 431.70 Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is…
ARTICLE 3. Time to Respond to Cross-Complaint § 432.10 · 1 section
- § 432.10 A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an…