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Civil procedure

special exceptions

While the purpose of a plaintiff’s petition or complaint is to inform the court and the defendant of what the plaintiff’s claims will be at trial, the purpose of special exceptions is to force clarification and specification in the pleadings when they are not clear, or sufficiently specific, or fail to plead a cause of action.

In California, the legal concept similar to 'special exceptions' as known in some other jurisdictions is addressed through mechanisms such as a 'demurrer' or a 'motion to strike.' A demurrer is a pleading that challenges the legal sufficiency of the other party's pleading (such as a complaint or petition) on the grounds that, even if all the alleged facts are true, there is no legal basis for a lawsuit. If a complaint is vague or ambiguous, the defendant can file a demurrer to force the plaintiff to clarify their claims. A motion to strike can be used to challenge parts of a pleading that are irrelevant, false, or improper. Both tools serve to refine and clarify the issues that will be addressed at trial. If the court sustains a demurrer or grants a motion to strike, the plaintiff may be given an opportunity to amend the pleading to correct the deficiencies. These procedures are governed by the California Code of Civil Procedure.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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California State Code

California State Code

Civil procedure

special exceptions

Articles