Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds upon which the decision or order is based which may be by reference to appropriate pages and paragraphs of the demurrer. The party against whom a demurrer has been sustained may waive these requirements.
§ 472d.Statement of Specific Grounds In Decision Sustaining Demurrer
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Enacted 1961 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 472d requires a court sustaining a demurrer to state the specific grounds for that decision, which it may do by referring to particular pages and paragraphs of the demurrer, and lets the party against whom the demurrer was sustained waive this requirement.
Full Text of § 472d
Plain-English Summary
Section 472d requires transparency when a demurrer succeeds. The court must include in its decision or order a statement of the specific ground or grounds it relied on, which it may satisfy by pointing to the relevant pages and paragraphs of the demurrer itself rather than writing out a fresh explanation.
The party against whom the demurrer was sustained may waive this requirement, so the rule protects that party’s interest rather than imposing a rigid procedural formality regardless of the parties’ wishes.
Frequently Asked Questions
Does a court have to explain why it sustained a demurrer?
Yes. Section 472d requires the court to state the specific grounds, which it may do by citing the relevant pages and paragraphs of the demurrer.
Can a party give up the right to a stated-grounds explanation?
Yes. Section 472d lets the party against whom the demurrer was sustained waive the requirement.
Amendment History
Added by Stats. 1961, Ch. 727.
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 sustained specific grounds requirementstating grounds for sustaining demurrer