Legal definition of Demurrer
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- Опубліковано 16 жов 2024
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What is a Demurrer in a lawsuit? The legal definition of Demurrer is an objection to the Complaint pleading filed by a Plaintiff, which challenges the legal sufficiency of the complaint, or any causes of action set forth in the Complaint. There are many different grounds for filing a demurrer and a certain process that must be followed. Attorney Steve Vondran, the business and real estate lawyer, explains the basic ins and outs of Demurrer's in California law.
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currently writing a statement of demurrer against someone trying to file a claim for NIED for my law school paper as a 1L. This was very helpful for me to understand what exactly a statement of demurrer is. Thank you so much!
this guy is freaking AWESOME!!!! I love it...I'm binging on your youtube videos now
Enjoy, all you can eat!! Steve
Thank you for this video. Just got served today and learned a lot about demurrer.
As a Plaintiff, you want to file a lawsuit that names all of your causes of action (ex. fraud, breach of contract, financial elder abuse, breach of fiduciary duty, etc.. Alll you have to do to plead a good case that SURVIVES DEMURRER is to make sure you are making plausible factual allegations as to each and every element of each and every cause of action. If you can do this, the Desperate defendant demurrer filing party will have a tough road to hoe to knock out your claim. Sometimes the Defendant files a demurrer to act tough, and somethings they think they will win. That being said, if a Plaintiff has their shit together, and can meet and prove all the elements of each cause of action, the Plaintiff will not need to amend the complaint and someone should basically kick the shit out of the demurring party. Use the time to emphasize what a bunch of scum-buckets they Defendant is for filing the demurrer and seek sanations gating them. If they are right, for whatever reason, fight like Muhammad ALi for a chance to amend the compo,aint.
Very intelligent attorney who kicks ass
Steve Vondran I received a Demurr from my tenants would I still get them out did 60 day notice but they not vacated premises and payed no Rent either did a lawsuit against them but know they answer with Demurr
Your awesome Steve 🤘🏽
@@KG-ew5nt Ok so am I just being motioned in this direction because I have a fighting chance in court, due to the problems that have lead me to this point. And does the public defender able to support this type of case load? I am in a tornado of case dockets on different matters and the ladder just appears to be spiraling out of control with supportive public witnesses.
You are very welcome Tarik - glad you liked our Demurrer video!!
Lawyer Steve, Thanks. You answered some of my questions about a concern I have and lighten my worries.
Hi soundman, thanks for the question. I am only licensed to practice law in California and Arizona (where you have both the demurrer and the "motion to dismiss" in AZ). So I can only speak to those two states. Consult with your state bar or google a lawyer in Arkansas. Best of luck to you!!
BLESS YOUR HEART STEVE; IM A PRO SE IN US DISTRICT COURT ( GO FIGURE) AGAINST A CITY .
STRUGGLLING 10 HRS A DAY FOR AALMOST 2 YEARS TO FIND ANSWERS, RULES ,FINDINGS, PROCEDURES ETC. AND FINDING THE LAWS ETC TO BE AN ENTIRELY NEW LANGUAGE AND DEFINITIONS UNTO ITSELF. NOW MOST IMPRESSED AND SO VERY THANKFUL FOR YOUR VIDEOS,,, NOW JAN. 2020, WISHING I HAD DISCOVERED YOUR VIDEOS 2 YRS AGO.. ONE HELL OF A VIDEO ... SO VERY CLEAR, DEFINED, EXPLAINED, AND PRESENTED IN LAY TERMS. YOUR CLIENTS MUST BE SO VERY PLEASED... J.J. YORK PA.
Johnny, its people like you that I do this channel for and that keep me going. I consider this part of my professional obligation - to make law more understandable and a chance at justice more accessible to everyone. All the best in 2020! Steve
Does there have to be a hearing before a demurrer is granted? And what's a tentative ruling?
It depends. Here is more information on tentative ruling from an older video I did. ua-cam.com/video/iXGV3YKcBu4/v-deo.html
Again, live from Hollywood, California - Attorney Steve strikes comprehensive reflection again. YO necessarily Expert Attorney
Hahahaha - love it!! SV
All Star Attorney Steve- voted for genuine intententions, Attorney Steve’s Professors must be proud.
Thank you for this video, for it's so helpful when someone explains it to me, even if it's with the same vocabulary I've been reading on my own about in trying to understand it for myself, there was just something not clicking but now I have a better idea of deciding and quite frankly ,I think I need to speak to an attorney.... anyhow, thanks again, great video, and much appreciated.
PS - Was that intentional at the end? When you said, "We look happy to talk to you" because it would be pretty humous if it subtly was or was maybe more of a fumbling of the two phrases, "We look forward to talking with you" and "We're happy to talk to you"?
thanks Steve. This is best explanation i have ever got regarding this subject matter.
Glad you liked Nicholas, thanks for the compliment!! Steve
Steve you get 100 and 10 stars🎉
Attorney Steve!!! I just took the essay portion of the Virginia Bar today, and lo and behold there was a question about a demurrer. Your explanation was far superior to that of my Bar Prep's. Bless you! I could not have gotten the question correctly without you, thank you dearly!
AWESOME STORY!!! Thank you! Hope you knock out the bar ticket. Let us know when you do!! Steve
I know a lot about law but Im learning a ton more here
Knowledge is empowering!! Thanks for watching!
Hi Steve, is there any format for a mediation brief in California Law?
Well done. Thanks you. Many happy returns.
You too, thanks Jack!! SV
If the demurrer is granted does it kill your case?
In California, if a plaintiff does not properly serve a 3 day notice (UD), and/or does not get a court order to "nail and mail", can you demurrer that, before an answer?
Thank-You.
My pleasure!! SV
Landlord tenant often has its own rules. Check with your court or google a local landlord tenant lawyer. Good luck!
The plaintiff filed a complaint, in pro per, for bread of fiduciary duty. He (the plaintiff), personally served the respondent. I know the service should not be done by a party to the lawsuit. How do I proceed? Motion to Quash? Does the respondent have to schedule a hearing when the service of process was improper?
is it true that 95% of complaints go to settlement hearings prior to jury trial, due to complaint paperwork being sewed up air tight? do you have any examples of that? thanks Steve
Right down the lines
I need to file a demurrer for being served for complaints about property I don't own. Sounds like my grounds are for Improper Joinder of Parties. Is this a simple task or do I need an attorney right off the bat? Thanks
I have 2 favorite guys I listen to, I don't know if I should make you No 1 but you are the best, I learn so much from you, Just found (Instructions for Civil Rights Claims Under Section 19830
Thanks Frederick, I really appreciate the nice comment!! Its for people like you I do these videos for!! Steve
Demurred can also apply in criminal cases in some jurisdictions or is demurrer only civil?
Good question, I don't know the ins and outs of criminal law and this could vary by jurisdiction. SV
This is very helpful. Thank you!
Where can we find samples of cause of actions per case?
What types of causes of action are you looking for? Maybe I should do a video on the top 10 causes of action? Steve
Steve Vondran I live in a small SRO residential hotel where I also work part-time, meaning, my landlord is also my employer! Because I have complained about several habitability problems on my building the landlord and it’s building manager have retaliated in several ways. The most recent way being they moved a meth addict next to my unit to use the fumes as a curtain to spray insecticide at night for me to smell! I consider this attempt to murder me! . I have run test for meth and my unit is now hazardous, the environmental gov office will do a test soon also. (I can’t prove insecticide or pesticides all I know for sure it is meth contamination) I want to file a complaint for attempt murder, the stress, the.Malicious Persecution and many other causes of actions as the landlord has been made aware of the situation living and working here and has done little to correct them and prefers retaliation what other causes of action should I use? Any sample complaint I can see online as reference? Thx
Thanks a lot! for posting this video w/ lots of information
My pleasure!! Steve
Is a demurrer in California now worth the effort since we now have to confer before we demurrer?
I actually like the confer rule.....helps you better understand parts of your case. SV
Any advice on someone who has been a defendant since 2001 who now is using the legal system to not serve proper notice while filing frivolous lawsuits : UA-cam "People's Court Business Battle". She submitted a MSJ separate from the separate statement and never served any of the 5 defendants on the case. She has stalked all the members of the case and the judge keeps letting her push back the trial. I am an emergency responder this is only a defamation lawsuit because of a Yelp review I wrote that was removed but she is a vengeful litigant and has not provided discovery document still as she submits her MSJ.
The attorney for the defendant filed a demurrer and received a hearing date. I, the plaintiff, has not received a notice of hearing date. Am I required to be notified of the hearing and do I need to attend the hearing. This is a landlord/tenant dispute. Thanks
Thank u
You are welcome! SV
New law by CA. Governor Jerry Brown, "You must confer , before you can Demurrer.".
Good call. Its a good law, I like it. Gives lawyers a chance to talk it over. SV
Now you see that's where I have a problem. That makes the noel in void action to a chain of reckless behavior get thrown out of court. Because it makes it seem so petty that you both don't take life serious when sustaining life in realist matters with compassion to the court and of the people.
GOOD STUFF
Thank you, appreciate the nice comment!! Steve
Very helpful Steve. I am applying for legal secy position and haven't worked in law for many years. Is there somewhere I can look up California timelines for litigation?
Not sure, I thought I did a video on this.
HI Sorry, I cannot give specific legal advice over the internet per our rules. Check with a local attorney! Good luck!!
Hey Steve what does,
“Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion” means?
Just trying to know the meaning of that. Not seeking legal advice 🙏
Incredible tip at 6:36
I had to go back and listen - yes I agree!!! : )
Thanks Steve, keep up the good work.
Will do - keep on moving!! THANKS, STEVE
My tenant filed a demurrer against my unlawful detainer. Most of it is lies, that they weren't served a notice, that they offered rent and we declined it, etc.
One thing is true: I entered the wrong expiration of the notice. This was a bonehead mistake. Is this a big deal?
Is small claims court different?
Do demurrers require "service"?
This is a perfect and clear explanation, thank you
Perfect - YES, thank you!! Steve
is the concept of demurrer to evidence different?
can you file a demurrer in a restraining order case?
is a demurr pleading legal in Arkansas ?
Nice video. Thanks for sharing !!
Are demurrers often granted?
only the ones that have merit!! : )
@@attorneysteve naturally. Supposing you made an error in the pleading what can you do? Do you wait for the demurrer to correct it? Like, for example what if you used the word libel when you should have used slander or defamation? Do you correct it after the demurrer?
Using the wrong word/words can change the whole dynamic of the case. Just one erroneous word can change the entire meaning of the case. Like I used the word libel instead of defamation and now my case is not the same and my cause of action is invalid.
And that's what they are using against me in the demurrer...
Awesome! Wildly helpful! Thank you!
brilliant
How does one overcome the assumption of pro se by the court? Is a demurer a specific form?
Ok it's called a Motion to dismiss. Found in your "How to answer a complaint." Video. Thanks.
Thank you ! Very helpful for my presentation
So want to talk to you but can't afford you for my mother's probate case, but this video is 5 years old, are you still involved in this video?
I also wish you could show an example response line for line, like the elements and the order the defendants attorney expects to see in the response from me. Sorry for this but again I am left handed and in my right mind.
Grea! Very well explained.
Thank you, glad you liked it!!
When are you giving 🥊 boxing classes.
In storage I’ll find it
U do best....i got the gold star....ccp
What about child support fraud, under title IV-D
Yes fraud indeed sue them in federal court 1983 claim
#nikkobriteramos
I don't see your phone number ?
I love you
DO YOU DO INDIVIDUALS WHO ARE BEING SUED OR JUST COMPANIES? DO YOU OFFER FLAT RATE FEE? I NOTICED U SAID YOU DO BAD FAITH STUFF. I WANT TO SUE MY BLUE CROSS BLUE SHIELD OF CALIFORNIA POSSIBLY. I WANT TO KNOW IF THE STATUTE IS UP. THANKS I WANT TO SUE THEM BASED ON DECEPTIVE PRACTICES AND INADEQUATE COMPENSATION AGANST CLAIM FILED. THANKS
Mecklenburg county Ok