(a) A demurrer is not waived by an answer filed at the same time.
§ 472a.Demurrer; Motion to Strike Granted; Motion to Dismiss Denied
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Last amended 2021 · Last verified July 28, 2026
In one sentenceSection 472a addresses the procedural consequences of demurrers and motions to strike or dismiss — providing that a demurrer is not waived by a simultaneous answer and setting what the court must or may do depending on whether each is sustained, overruled, granted, or denied.
Full Text of § 472a
(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20.
(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just.
(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross- complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.
Plain-English Summary
Section 472a fills in what happens after a demurrer, motion to strike, or motion to dismiss is ruled on. First, filing an answer at the same time as a demurrer does not waive the demurrer.
If a demurrer to a complaint or cross-complaint is overruled and no answer has been filed, the court must allow an answer on just terms. If a demurrer to an answer is overruled, the case proceeds as though no demurrer had been filed, with the answer’s allegations treated as denied to the extent described in § 431.20. If a demurrer is sustained, the court may grant leave to amend on just terms and must set a deadline for the amended pleading, subject to the limits in § 430.41(e); if a demurrer is instead stricken under § 436 and no answer is on file, the court must allow one.
Parallel rules apply to motions to strike and motions to dismiss: a granted motion to strike under § 436 lets the court order an amendment on terms it deems proper, while a denied motion to strike requires the court to let the moving party answer. And if a motion to dismiss under Article 2 (commencing with § 583.210) of Chapter 1.5 of Title 8 is denied, the court must allow a pleading to be filed.
Frequently Asked Questions
Does filing an answer at the same time as a demurrer waive the demurrer?
No. Section 472a(a) states a demurrer is not waived by an answer filed at the same time.
What happens if the court overrules a demurrer to a complaint?
Section 472a(b) requires the court to allow an answer to be filed on just terms if none has been filed yet.
What happens if a demurrer to my complaint is sustained?
Section 472a(c) lets the court grant leave to amend on just terms and set a filing deadline, subject to the limits in § 430.41(e).
Amendment History
Amended by Stats 2020 ch 36 (AB 3364),s 20, eff. 1/1/2021. Amended by Stats 2015 ch 418 (SB 383),s 4, eff. 1/1/2016.
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 overruled sustained procedure californiamotion to strike granted amendment