What is the test for demurrer in a personal injury action?

California, United States of America


The following excerpt is from Samara v. Matar, 234 Cal.Rptr.3d 446, 419 P.3d 924, 5 Cal.5th 322 (Cal. 2018):

We affirmed. ( People v. Skidmore , supra , 17 Cal. at p. 262 [initial appeal].) Our opinion addressed a demurrer based on "a misjoinder of causes of action, among other [objections]." ( Id. , at p. 261.) Declining to reach those other objections, we agreed that there had been a misjoinder: "It may be that the sureties will not be held liable at all; or it may be, if they are, that they are ready and willing to pay whenever their liability is declared; and in that case, there would be no necessity of coming upon this fund. If, after judgment, the defendants are insolvent, another question might arise, or the question

[419 P.3d 928]

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