BILL NUMBER: SB 383	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 24, 2015

   An act to amend Section 430.30 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 430.30 of the Code of Civil Procedure is
amended to read:
   430.30.  (a)  When any   If a  ground
for objection to a complaint, cross-complaint, or answer appears on
the face thereof, or from any matter of which the court is required
to or may take judicial notice, the objection on that ground may be
taken by a demurrer to the pleading.
   (b)  When any   If a  ground for
objection to a complaint or cross-complaint does not appear on the
face of the pleading, the objection may be taken by answer.
   (c) A party objecting to a complaint or cross-complaint may demur
and answer at the same time.