SB 383, as introduced, Wieckowski. Civil actions: objections to pleadings.
Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer if the ground for the objection appears on the face of the pleading or is from a matter of which the court must or may take judicial notice. If the ground for the objection does not appear on the face of the pleading, existing law permits the objection to be taken by answer. Existing law permits a party objecting to a complaint or cross-complaint to demur and answer at the same time.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 430.30 of the Code of Civil Procedure
2 is amended to read:
(a) begin deleteWhen any end deletebegin insertIf a end insertground for objection to a complaint,
4cross-complaint, or answer appears on the face thereof, or from
5any matter of which the court is required to or may take judicial
P2 1notice, the objection on that ground may be taken by a demurrer
2to the pleading.
3(b) begin deleteWhen any end deletebegin insertIf a end insertground for objection to a complaint or
4cross-complaint does not
appear on the face of the pleading, the
5objection may be taken by answer.
6(c) A party objecting to a complaint or cross-complaint may
7demur and answer at the same time.
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