Law Practice
Sep. 23, 2015
Courts sustain demurrers to groundless defenses
Recent cases show that California superior courts are increasingly sustaining demurrers to certain affirmative defenses, which are often only alleged in order to drag out litigation. By Bernard S. Kamine
What kind of nut demurs to an answer? Well, sometimes it is not so nutty. Just like
a complaint, affirmative defenses in an answer frame the case. No evidence is relevant
that fails to prove or disprove allegations in the pleadings. If an affirmative defense
is not legally competent, then no evidence pertaining to that defense is relevant.
No such evidence should be offered or admitt...
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