Challenging Boilerplate Affirmative Defenses in a California Partition
Many defendants answer with boilerplate affirmative defenses and no supporting facts. In California, those defenses can be challenged by a motion to strike or demurrer.
CCP 430.41: Meet and Confer Before a Demurrer in a California Partition Action
Code of Civil Procedure section 430.41 requires a meet and confer before any demurrer in California. In a partition action, a complaint that pleads every element of Code of Civil Procedure section 872.230 leaves a defendant little to demur to.
