What is the test for a demurrer to a complaint?

California, United States of America


The following excerpt is from Department of Motor Vehicles v. Superior Court for Los Angeles County, 271 Cal.App.2d 770, 76 Cal.Rptr. 804 (Cal. App. 1969):

The petitioners filed a demurrer to the complaint, an answer to the complaint, and a memorandum of points and authorities wherein it was contended that the issue involved had been resolved contrary to the real party in interest's position in Serenko v. Bright, 263 Cal.App.2d 682, 70 Cal.Rptr. 1.

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