(a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of action alleged in the pleading or an objection that the pleading does not state facts sufficient to constitute a cause of action.
§ 430.80.Failure to Object Deemed Waiver of Objection
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 1. Objections to Pleadings · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 430.80 provides that failing to object by demurrer or answer waives most objections, except that the court lacks subject-matter jurisdiction or that the pleading or answer fails to state facts sufficient to constitute a cause of action or defense.
Full Text of § 430.80
(b) If the party against whom an answer has been filed fails to demur thereto, that party is deemed to have waived the objection unless it is an objection that the answer does not state facts sufficient to constitute a defense.
Plain-English Summary
Section 430.80 is the use-it-or-lose-it rule for objections under §§ 430.10 and 430.20. Subdivision (a) provides that a party who fails to object to a complaint or cross-complaint, whether by demurrer or answer, waives the objection — with two exceptions preserved regardless: lack of subject-matter jurisdiction and failure to state facts sufficient to constitute a cause of action.
Subdivision (b) applies the same logic to answers. A party who fails to demur to an answer waives the objection to it, except the objection that the answer fails to state facts sufficient to constitute a defense.
These two carve-outs survive because they go to whether a court can act on the pleading at all — a court without subject-matter jurisdiction cannot proceed regardless of what the parties do, and a pleading that states no claim or defense cannot support a judgment no matter how late the objection comes.
Frequently Asked Questions
What objections can never be waived under California demurrer practice?
Section 430.80 preserves two objections regardless of timing: lack of subject-matter jurisdiction, and failure to state facts sufficient to constitute a cause of action (or, for an answer, a defense).
Does failing to demur waive all objections to a complaint?
No — most objections are waived if not raised by demurrer or answer, but § 430.80(a) exempts subject-matter jurisdiction and failure to state a cause of action from that waiver rule.
Can a party raise a waived objection later in the case?
Generally not — § 430.80 treats the failure to object by demurrer or answer as a waiver of any objection outside its two preserved exceptions.
Amendment History
Amended by Stats. 1983, Ch. 1167, Sec. 2.
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: waiver of demurrer objectionfailure to demur waiver california