__full_name4__ __full_name2l__

__address__

__city__, __state__ __zip__

__phone__

Defendants, in pro per

superior court of the state of california
for the countyOF __county__
__plaintiff__, an individual,
Plaintiff,
vs.
__full_name__ __full_name2x__and DOES 1 TO 10, inclusive,
Defendants. / _
_
_ / CASE NUMBER: __case__
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT FOR UNLAWFUL DETAINER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
Date:__hearing_date__
Time:__hearing_time__
Dept:__dept__

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on __hearing_date__, __hearing_time__, in Department __dept__ of the Superior Court located at __court_address__, Defendants __full_name__and __full_name2__(hereafter sometimes “Defendants”), will and hereby do demur to the Complaint filed in this action against Defendants by Plaintiff, __plaintiff__(hereafter sometimes “Plaintiff”), on the ground that no cause of action has been stated by Plaintiff. This Demurrer is based upon this Notice of Demurrer, the contemporaneously submitted Memorandum of Points and Authorities, the operative Complaint and pleadings on file with the Court in this matter, all matters of which this court may properly take judicial notice, and any other evidence or oral argument that this Court may consider in connection with this Demurrer.

DATED: __print_date__

______

__full_name__

Defendant Pro Per

______

__full_name2__

Defendant Pro Per

DEMURRER

1. Plaintiff does not have the legal capacity to sue pursuant to Code of Civil Procedure § 430.10(b), because Plaintiff lacks standing to bring a cause of action.

2.Since Plaintiff lacks standing to commence an unlawful detainer action against Defendants as it fails the “real party in interest” requirement, the pleading does not state facts sufficient to constitute a cause of action on behalf of the proper specific plaintiff pursuant to Code of Civil Procedure § 430.10(e).

  1. Pursuant to Code of Civil Procedure § 430.10(e), the pleading does not state facts

sufficient to constitute a cause of action.

  1. Pursuant to Code of Civil Procedure § 430.10(f), the pleading is uncertain. Because of

its uncertainty, Defendants must speculate as to its meaning, which speculation leads to it being ambiguous and unintelligible.

WHEREFORE, Defendants__full_name__ and __full_name2__pray:

  1. That theirDemurrer be sustained as to all causes of action asserted against Defendants,

__full_name__and __full_name2__, in Plaintiff’s Complaint;

  1. That the matter be dismissed with prejudice;
  2. For their costs and fees incurred in this action; and
  3. For such other relief as the Court may deem just and appropriate.

DATED: __print_date__

By: ______

__full_name__

Defendant Pro Per

By: ______

__full_name2__

Defendant Pro Per

MEMORANDUM OF POINTS AND AUTHORITIES

IN SUPPORT OF DEMURRER TO COMPLAINT FOR UNLAWFUL DETAINER

I

Plaintiff Has Failed To State a Cause of Action.

Pursuant to Code of Civil Procedure § 430.10(e) a demurrer will lie if “[t]he pleading does not state facts sufficient to constitute a cause of action.”

A general demurrer should be sustained if a party is not the proper party to bring suit. See Parker v. Bowron, 40 Cal.2d 344, 350-35 (1953).

Here, the pleading does not meet the cause of action requirement because Plaintiff lacks standing to sue, as Plaintiff is not a real party in interest. This is also why Plaintiff’s ability to state a claim is stymied.

Therefore, the Court cannot move forward with the merits of the case and Defendants’ Demurrer should be sustained.

II

Plaintiff’s Moving Papers are Uncertain, Ambiguous, and Unintelligible.

Pursuant to Code of Civil Procedure § 430.10(f), a demurrer will lie if “[t]he pleading is uncertain. . . . ‘[U]ncertain’ includes ambiguous and unintelligible.”

Because the Complaint of Plaintiff does not state a cause of action, Defendants are left to speculate about what it might be. On that ground alone, Plaintiff’s Complaint is uncertain, and, as Defendants are forced to speculate, it necessarily becomes ambiguous and unintelligible.

III

Argument

Defendants are entitled to a clear and cogent statement of Plaintiff’s underlying legal theories in this case, as in all cases. Not only are they unclear, they do not even appear. Defendants argue that Plaintiff’s moving papers are patently and obviously deficient on their face.

IV

Conclusion

FOR THE FOREGOING REASONS,Defendants respectfully request that this Court sustain Defendants’ Demurrer.

DATED: __print_date__Respectfully submitted,

______

__full_name__

Defendant Pro Per

______

__full_name2__

Defendant Pro Per

PROOF OF SERVICE

I reside in the County of , State of California. I am over the age of 18 and not a party to the within action. My address is ______.

On _____ day of ______, 2012, I served the following document described as Notice of Demurrer and Demurrer to Complaint for Unlawful Detainer; Memorandum of Points and Authorities in Support Thereof on all interested parties in this action by placing [X] a true copy [ ] the original thereof enclosed in sealed envelopes addressed as follows:

__counsel__

__counseladdress__

__counselcity__ , __counselstate__ __counselzip__

[ ](BY FACSIMILE) The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2008(e)(4), I caused the machine to print a record of the transaction.

[ X](BY MAIL, 1013a, 2015.5 C.C.P.)

[ X]I deposited such envelope in the mail at, California. The envelope was mailed with postage thereon fully prepaid.

[ ]I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. Under that practice, this document will be deposited with the U.S. Postal Service on this date with postage thereon fully prepaid at Corona, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

[ ](BY PERSONAL SERVICE) I caused the foregoing envelope to be delivered by hand to the offices of the addressee.

[X](STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

[ ](FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Executed on _____ day of ______, 2012 at , California.

______

[Print name here] [Signature]

1

DEMURRER