Code Section

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )


  ( Title 6 enacted 1872. )

CHAPTER 3. Objections to Pleadings; Denials and Defenses [430.10 - 432.10]

  ( Chapter 3 added by Stats. 1971, Ch. 244. )

ARTICLE 1. Objections to Pleadings [430.10 - 430.90]
  ( Article 1 added by Stats. 1971, Ch. 244. )


The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:

(a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.

(b) The person who filed the pleading does not have the legal capacity to sue.

(c) There is another action pending between the same parties on the same cause of action.

(d) There is a defect or misjoinder of parties.

(e) The pleading does not state facts sufficient to constitute a cause of action.

(f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.

(g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.

(h) No certificate was filed as required by Section 411.35.

(Amended by Stats. 2020, Ch. 370, Sec. 35. (SB 1371) Effective January 1, 2021.)