A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds:
§ 430.20.Grounds For Objection By Party Against Whom Answer Filed
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 1. Objections to Pleadings · Enacted 1971 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 430.20 lists the three grounds on which a party may demur to an answer: the answer fails to state facts sufficient to constitute a defense, the answer is uncertain, or a pleaded contract's written-or-oral status cannot be determined from the answer.
Full Text of § 430.20
(a) The answer does not state facts sufficient to constitute a defense.
(b) The answer is uncertain. As used in this subdivision, "uncertain" includes ambiguous and unintelligible.
(c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.
Plain-English Summary
Section 430.20 is the answer's counterpart to § 430.10. Once a defendant files an answer, the plaintiff or cross-defendant may test that answer the same way a defendant tests a complaint — by demurrer.
Three grounds are available. Subdivision (a) lets a party demur when the answer does not state facts sufficient to constitute a defense — the defensive allegations, taken as true, do not add up to a legal excuse from liability. Subdivision (b) covers an uncertain answer, using the same definition as § 430.10(f): ambiguous or unintelligible. Subdivision (c) applies narrowly, when the answer pleads a contract but leaves unclear whether that contract is written or oral.
Section 430.30 governs how this objection gets raised, and § 430.40(b) gives the party 10 days after service of the answer to file the demurrer.
Frequently Asked Questions
Can a plaintiff demur to a defendant's answer in California?
Yes. Section 430.20 lets the party against whom an answer was filed demur to it on the same kind of face-of-the-pleading grounds that apply to a demurrer against a complaint.
How long does a party have to demur to an answer?
Section 430.40(b) allows 10 days after service of the answer.
What does it mean for an answer to fail to state facts sufficient to constitute a defense?
It means that even accepting every fact the answer alleges as true, those facts do not amount to a legal reason the defendant should escape liability.
Amendment History
Added by Stats. 1971, Ch. 244.
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
Also known as: demurrer to answer californiaobjection to answer grounds