The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:
§ 430.10.Grounds For Objection By Party Against Whom Complaint Or Cross-Complaint Filed
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 1. Objections to Pleadings · Last amended 2021 · Last verified July 28, 2026
In one sentenceSection 430.10 lists the exclusive grounds for a demurrer to a complaint, cross-complaint, or answer: no subject-matter jurisdiction, no capacity to sue, another pending action, defect or misjoinder of parties, failure to state a cause of action, uncertainty, an unclear contract theory, or a missing § 411.35 certificate.
Full Text of § 430.10
(a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.
(b) The person who filed the pleading does not have the 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.
(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.
Plain-English Summary
Section 430.10 is the master list for demurrers in California civil practice. A demurrer challenges a complaint, cross-complaint, or answer on its face — no declarations, no exhibits, no evidence outside the four corners of the pleading and matters the court may judicially notice. This section names every ground a demurring party may raise; a court considering a demurrer looks only at what is written here, not at some looser sense that a claim seems weak.
The first four grounds attack the case's structure rather than its substance. Subdivision (a) challenges whether the court has jurisdiction over the subject matter at all. Subdivision (b) challenges whether the party who filed the pleading has the legal capacity to sue. Subdivision (c) applies when the same parties are already litigating the same cause of action in another pending action. Subdivision (d) covers a defect or misjoinder of parties — the wrong parties, missing parties, or parties joined in a way the rules do not permit.
The next four reach the pleading's content. Subdivision (e) — failure to state facts sufficient to constitute a cause of action — is the ground practitioners reach for most often; it tests whether the facts alleged, taken as true, add up to a legal claim at all. Subdivision (f) lets a party demur when the pleading is uncertain, a term the statute defines to include ambiguous and unintelligible pleading. Subdivision (g) applies narrowly to contract actions where the pleading does not make clear whether the contract is written, oral, or implied by conduct. Subdivision (h) is procedural: no certificate was filed as required by § 411.35, the certificate of merit required in certain negligence actions against design professionals such as architects and engineers.
Because this list is exclusive, a demurrer built on any other objection fails on its own terms, whatever the underlying merit of the argument. Section 430.30 explains how a party raises these grounds — by demurrer when they appear on the pleading's face, by answer when they do not — and § 430.40 sets the deadlines for filing.
Frequently Asked Questions
What is the most common ground for demurrer in California?
Failure to state facts sufficient to constitute a cause of action under § 430.10(e) is the ground raised most often, since it lets a party test whether the alleged facts add up to a valid legal claim before ever filing an answer.
Can a party demur on a ground not listed in § 430.10?
No. Section 430.10 states the exclusive grounds for demurrer, so an objection outside that list must be raised some other way, if at all.
What does "uncertain" mean under § 430.10(f)?
The statute defines uncertain to include both ambiguous and unintelligible pleading, covering allegations so unclear that a party cannot reasonably tell what is being claimed.
Does a demurrer let the court consider evidence outside the pleading?
No — a demurrer tests the pleading on its face, plus matters the court may judicially notice under §§ 452 and 453 of the Evidence Code; it does not resolve factual disputes.
What is the § 411.35 certificate referenced in § 430.10(h)?
It is a certificate of merit required in certain negligence actions against design professionals such as architects and engineers; a pleading that omits it when required is subject to demurrer.
Amendment History
Amended by Stats 2020 ch 370 (SB 1371),s 35, eff. 1/1/2021.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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