# Cal. Code Civ. Proc. §§ 425.10-440 — Pleadings, Demurrer, Motion to Strike, Summary Judgment

- Citation: Cal. Code Civ. Proc., §§ 425.10-440
- Code: Code of Civil Procedure
- Subject: Civil pleadings and challenges
- Source: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CCP
- Last verified: 2026-05-13

> Authored from canonical California statutory sources; verify
> against leginfo.legislature.ca.gov before relying.

## Overview

Title 6 of Part 2 of the CCP governs civil pleadings. The most-
cited provisions for day-to-day practice cover the **complaint**
(§§ 425-426), the **demurrer** (§§ 430.10-430.90 — the California
analog to a Rule 12(b)(6) motion to dismiss), the **motion to
strike** (§§ 435-437), and **summary judgment / adjudication**
(§ 437c).

## Complaint

### § 425.10 — Required contents of complaint

A complaint or cross-complaint must contain:

**(a)** A statement of the facts constituting the cause of
action, in ordinary and concise language;

**(b)** A demand for judgment for the relief to which the
pleader claims to be entitled. If the recovery of money or
damages is demanded, the amount must be stated, except that in
an action for personal injury or wrongful death, the amount of
damages must not be stated.

### § 425.11 — Personal injury / wrongful death — pre-trial statement of damages

In a personal-injury or wrongful-death action, the plaintiff
must serve a statement of damages on the defendant before a
default may be taken (necessary to satisfy due-process notice
of the amount at stake).

### § 425.12 — Forms

A complaint may be in any form, including Judicial Council
form complaints.

### § 425.16 — Anti-SLAPP statute

**(a)** Legislative finding: there has been a disturbing
increase in lawsuits brought primarily to chill the valid
exercise of First Amendment rights.

**(b)(1)** A cause of action against a person arising from any
act of that person in furtherance of the person's right of
petition or free speech under the United States or California
Constitution in connection with a public issue shall be subject
to a special motion to strike, unless the court determines that
the plaintiff has established a probability of prevailing on
the claim.

**(c)(1)** Prevailing defendant on a special motion to strike
shall be entitled to recover attorney's fees and costs.

**(e)** Definition of "act in furtherance" includes: (1) written
or oral statement before a legislative, executive, or judicial
proceeding; (2) statement made in connection with such a
proceeding; (3) statement in a public forum on an issue of
public interest; (4) any other conduct in furtherance of
constitutional rights regarding public issues.

**(f)** Special motion to strike may be filed within **60 days
of service of the complaint**, or in the court's discretion, at
any later time upon a showing of good cause.

## Demurrer

### § 430.10 — Grounds for demurrer

A party against whom a complaint or cross-complaint has been
filed may demur on one or more of the following grounds:

**(a)** The court has no jurisdiction of the subject of the
cause of action.

**(b)** The person who filed the pleading does not have 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. ← **the "general demurrer"; the
California analog to FRCP 12(b)(6)**

**(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
(actions against an architect, engineer, surveyor).

### § 430.20 — Grounds for demurrer to answer

A party against whom an answer has been filed may demur on
the grounds that the answer does not state facts sufficient to
constitute a defense, or is uncertain, or where a defense is
based upon a written instrument and it cannot be ascertained
whether the instrument is written or oral.

### § 430.30 — Demurrer to complaint or answer

When any ground for demurrer appears on the face of the
pleading, or in any matter of which the court is required to
or may take judicial notice, the objection may be taken by
demurrer to the pleading.

### § 430.40 — Time for demurrer

**(a)** A person against whom a complaint has been filed may,
within **30 days** after service of the complaint, demur to the
complaint.

**(b)** A party who has answered a complaint may, within 10
days after service of an amended complaint, demur to the
amended complaint or any portion thereof.

### § 430.41 — Mandatory meet-and-confer before demurrer

**(a)** Before filing a demurrer pursuant to this chapter, the
demurring party shall meet and confer in person, by telephone,
or by video conference with the party who filed the pleading
that is subject to demurrer for the purpose of determining
whether an agreement can be reached that would resolve the
objections to be raised in the demurrer. If an amended complaint,
cross-complaint, or answer is filed, the responding party shall
meet and confer again with the party who filed the amended
pleading before filing a demurrer to the amended pleading.

**(a)(2)** The parties shall meet and confer **at least five
days before the date the responsive pleading is due**. If the
parties are not able to meet and confer at least five days
prior to the date the responsive pleading is due, the demurring
party shall be granted an automatic 30-day extension of time
within which to file a responsive pleading.

**(a)(3)** A declaration of the meet-and-confer must be filed
and served with the demurrer stating either: (A) the means by
which the parties met and conferred and that the parties did
not reach an agreement, or (B) that the party who filed the
pleading failed to respond to the meet-and-confer request or
otherwise failed to meet and confer in good faith.

### § 430.50 — Demurrer to part of cause of action

A demurrer to a complaint or cross-complaint may be taken to
the whole complaint or cross-complaint or to any of the causes
of action stated therein.

## Motion to Strike

### § 435 — Notice of motion to strike

**(a)(1)** "Pleading" means a demurrer, answer, complaint, or
cross-complaint.

**(b)(1)** Any party, within the time allowed to respond to a
pleading, may serve and file a notice of motion to strike the
whole or any part thereof.

### § 435.5 — Meet-and-confer before motion to strike

Parallels § 430.41 — must meet and confer at least 5 days before
the responsive-pleading due date; declaration of the M&C must
accompany the motion.

### § 436 — Authority of court to strike

The court may, upon a motion made pursuant to Section 435, or at
any time in its discretion, and upon terms it deems proper:

**(a)** Strike out any irrelevant, false, or improper matter
inserted in any pleading.

**(b)** Strike out all or any part of any pleading not drawn or
filed in conformity with the laws of this state, a court rule,
or an order of the court.

### § 437 — Court rules and orders

The grounds for a motion to strike must appear on the face of
the challenged pleading or from any matter of which the court
is required to take judicial notice.

## Answer (defensive pleading)

### § 431.30 — Form of answer; verifications

**(a)** "Complaint" includes a cross-complaint.

**(b)** The answer to a complaint shall contain:
(1) The general or specific denial of the material allegations
of the complaint controverted by the defendant.
(2) A statement of any new matter constituting a defense.

**(d)** If the complaint is verified, the answer shall be
verified. In the answer the defendant shall:
(1) Specifically deny every material allegation of the
complaint which the defendant intends to controvert.
(2) Deny only so much of the allegation as is untrue or
misleading.

**(g)** If a verified complaint contains allegations on
information and belief, those may be denied on information and
belief.

### § 431.40 — Verification by attorney for entity

Various rules permitting an attorney for an entity to verify
on behalf of the client.

### § 431.70 — Setoff

A defendant who has a claim against the plaintiff existing
before commencement of the action and arising from the same
contract or transaction may set off that claim, even if it has
been barred by the statute of limitations.

## Cross-Complaint

### § 426.10-426.50 — Cross-complaints

**§ 426.30** — Compulsory cross-complaint: a related cause of
action that the defendant has against the plaintiff existing at
the time of the answer must be pleaded by cross-complaint or it
is barred (subject to exceptions).

**§ 428.10** — Permissive cross-complaint: causes of action
against any of the parties to the action.

**§ 428.50** — Permission required to file cross-complaint
after answer (in some circumstances).

## Summary Judgment / Adjudication (§ 437c)

§ 437c is the California analog to FRCP 56. The California
version differs in several important respects.

### § 437c(a) — Grounds and notice

**(a)(1)** Any party may move for summary judgment in any action
or proceeding if it is contended the action has no merit or
that there is no defense.

**(a)(2) — NOTICE PERIOD (CALIFORNIA-DISTINCTIVE)**: Notice of
the motion and supporting papers shall be served on all other
parties to the action at least **75 days before the time
appointed for hearing**. If the notice is served by mail, the
required 75-day period of notice shall be increased per § 1013;
if served by facsimile, express mail, or another method of
delivery providing for overnight delivery, the required 75-day
period of notice shall be increased by 2 court days.

**(a)(3) — TRIAL DATE CUTOFF**: The motion shall be heard no
later than 30 days before the date of trial, unless the court
for good cause orders otherwise.

### § 437c(b) — Supporting and opposing papers

**(b)(1) — SEPARATE STATEMENT (MANDATORY)**: The motion shall be
supported by affidavits, declarations, admissions, answers to
interrogatories, depositions, and matters of which judicial
notice shall or may be taken. The supporting papers shall
include a **separate statement** setting forth plainly and
concisely all material facts that the moving party contends are
undisputed. Each of the material facts stated shall be followed
by a reference to the supporting evidence. Failure to comply
with this requirement of a separate statement may in the court's
discretion constitute a sufficient ground for denying the
motion.

**(b)(2) — OPPOSITION**: Any opposition to the motion shall be
served and filed **not less than 14 days preceding the noticed
or continued date of hearing**, unless the court for good cause
orders otherwise. The opposition, where appropriate, shall
consist of affidavits, declarations, admissions, answers to
interrogatories, depositions, and matters of which judicial
notice shall or may be taken. The opposing papers shall include
a separate statement that responds to each of the material facts
contended by the moving party to be undisputed.

**(b)(4) — REPLY**: Any reply to the opposition shall be served
and filed by the moving party **not less than 5 days preceding
the noticed or continued date of hearing**, unless the court
for good cause orders otherwise.

### § 437c(c) — Decision

The motion for summary judgment shall be granted if all the
papers submitted show that there is **no triable issue as to
any material fact** and that the moving party is entitled to a
judgment as a matter of law. In determining if the papers show
that there is no triable issue as to any material fact, the
court shall consider all of the evidence set forth in the
papers, except that to which objections have been made and
sustained by the court, and all inferences reasonably deducible
from the evidence, except summary judgment may not be granted
by the court based on inferences reasonably deducible from the
evidence if contradicted by other inferences or evidence that
raise a triable issue as to any material fact.

### § 437c(f) — Summary adjudication

A party may move for summary adjudication as to one or more
causes of action within an action, one or more affirmative
defenses, one or more claims for damages, or one or more issues
of duty.

### § 437c(o) — Burden of production

A defendant has met its burden of showing that a cause of action
has no merit if either of the following exists:

**(o)(1)** One or more of the elements of the cause of action
cannot be separately established, even if that element is
separately pleaded.

**(o)(2)** A defendant who shows that a complete defense exists
to the cause of action.

### Leading case

***Aguilar v. Atlantic Richfield Co.*** (2001) 25 Cal.4th 826 —
the California standard for SJ; the moving defendant must show
that the plaintiff cannot establish at least one element of
the cause of action, or that there is a complete defense; the
burden then shifts to the plaintiff to show a triable issue.

## Cross-references

- `../court-rules/CRC-Title-3-Civil-Rules.md` — CRC 3.1110, 3.1113
  (motion components, memorandum format, 15-page limit)
- `CCP-Motions-1005-to-1020.md` — motion notice / opposition /
  reply timing (CCP § 1005(b) — court days, not calendar)
- `../../key-cases.md` — *Aguilar*, *Wiener v. Southcoast
  Childcare Centers*
- `CCP-Service.md` — service of summons
- `CCP-Time-Computation.md` — CCP §§ 12, 12a, 12c
- `../../../ca-first-30-days/SKILL.md` — response-window
  workflow that uses these statutes
- `../../../ca-discovery/SKILL.md` — discovery practice
  intersecting demurrer / SJ timing