California, United States of America
The following excerpt is from Ferreira v. Keller, 4 Cal.App.3d 292, 84 Cal.Rptr. 253 (Cal. App. 1970):
[4 Cal.App.3d 295] The procedure to be followed is the same when the defense is raised by demurrer. (Lord v. Garland, 27 Cal.2d 840, 850, 168 P.2d 5.)
In Lord v. Garland, supra, the court said:
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