1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF DEMURRER AND DEMURRER TO
vs. ) COMPLAINT; MEMORANDUM OF POINTS AND
13 ) AUTHORITIES; DECLARATION OF
) ______________ REGARDING COMPLIANCE
14 Any Defendants, and DOES 1-5, inclusive, ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE 430.41
15 Defendants. )
) [Filed concurrently with request for judicial
16 ) notice]
)
17 ) DATE:
) TIME:
18 ) DEPT:
)
19 )
)
20 )

21
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22

23
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25 To view over 300 sample legal documents sold by LegalDocsPro

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28 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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 1 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
2 the above entitled court, located at ____________________________________________,
3
Defendant, _________________________, will and hereby does move the Court for an order
4
sustaining special demurrers to the demurrers to the first, second, third and fourth causes of action in
5

6
Plaintiffs Complaint.

7 The moving party has complied with the meet and confer requirements of Code of Civil

8 Procedure 430.41 as shown by the attached declaration.

9
This demurrer is made pursuant to Code of Civil Procedure 430.10(b) on the grounds that
10
Plaintiff does not have the legal capacity to sue in that Plaintiff is a
11
USE THE EXAMPLE BELOW IF PLAINTIFF IS A CALIFORNIA CORPORATION
12

13 OR LIMITED LIABILITY COMPANY SUSPENDED FOR NONPAYMENT OF THE

14 FRANCHISE TAX
15
California Corporation or Limited Liability Company that has been suspended for
16
nonpayment of the franchise tax and lacks the capacity to sue or defend pursuant to Revenue &
17
Taxation Code 23301.
18

19 USE THE EXAMPLE BELOW IF PLAINTIFF IS A CALIFORNIA CORPORATION

20 SUSPENDED FOR FAILURE TO FILE THE BIENNIAL STATEMENT REQUIRED BY

21
CORPORATIONS CODE 1502
22
California Corporation that has been suspended for failure to file the biennial statement
23
required by Corporations Code 1502.
24

25 USE THE EXAMPLE BELOW IF PLAINTIFF IS A FOREIGN CORPORATION OR

26 LIMITED LIABILITY COMPANY THAT IS NOT QUALIFIED TO TRANSACT

27
INSTRASTATE BUSINESS IN CALIFORNIA
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 1 Plaintiff is a foreign corporation or limited liability company that has failed to obtain a
2 certificate of qualification from the California Secretary of State as required by Corporations Code
3
2105 and therefore may not maintain any action or proceeding commenced prior to compliance
4
with Section 2105 upon intrastate business as specified in Corporations Code 2203(c).
5

6
USE THE EXAMPLE BELOW IF PLAINTIFF IS A FOREIGN CORPORATION OR

7 LIMITED LIABILITY COMPANY THAT HAS BEEN SUSPENDED IN ITS HOME STATE

8 FOR NONPAYMENT OF FRANCHISE TAXES

9
Plaintiff is a foreign corporation or limited liability company that has been suspended in its
10
home state of _________ for nonpayment of franchise taxes.
11

12 To purchase the entire 20 page document visit:

13
https://legaldocspro.myshopify.com/products/sample-special-demurrer-
14

15 for-lack-of-capacity-in-california
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