How do you avoid a demurrer by filing an amended complaint suppressing facts which proved fatal to the original complaint?
California, United States of America
The following excerpt is from Tyshkevich v. Countrywide Home Loans, Inc., C070764 (Cal. App. 2014):
avoid a demurrer by filing an amended complaint suppressing facts which proved fatal in the original complaint. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 877.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint that contradict those in the original complaint? (California, United States of America)
What is the effect of amending a complaint to amend it to amend the original complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts in an amended complaint that contradict or omit, harmful allegations pleaded in a previous complaint? (California, United States of America)
Can an amended complaint filed after the statute of limitations be deemed as of the date of the original complaint? (California, United States of America)
Is a plaintiff required to amend her complaint to include issues that arise after the original complaint has been filed? (California, United States of America)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Does an amended complaint need to include an amended version of the allegations contained in the original complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint? (California, United States of America)
Can plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended complaint? (California, United States of America)
Is a demurrer moot if there is an amended complaint on file that supersede the original pleading? (California, United States of America)
