Protect Your Case from Being Dismissed
Facing a demurrer or motion to strike can put your entire case at risk. If these pretrial motions are granted, claims or defenses could be eliminated. It can significantly weaken the overall case leverage and often forcing unfavorable settlements or dismissals. This is why mounting a strong opposition is imperative.
At Ghost Briefs, we understand what it takes to prevail against demurrers and motions to strike aimed at pleading deficiencies. Our legal writers have extensive experience crafting persuasive briefs that overcome attacks on the pleadings in both state and federal courts. We identify key precedents and craft legal arguments that highlight the viability of the challenged claims.
We thoroughly analyze the pleadings paragraph-by-paragraph to highlight specific factual allegations that establish each element of every cause of action or defense challenged. This demonstrates sufficiency.
After identifying the key cases relied upon in the demurrer/motion, we pinpoint flaws in the opposing side's application of precedents and argue why they are distinguishable or inapposite to the present pleading.
Where opportunities exist to advance strong legal arguments for interpretation of a claim or defense, we highlight appellate opinions and doctrines that support the desired favorable interpretation being pleaded – arguing why the court should adopt this view.
Our briefs contain layered and segmented arguments tied to each cause of action and defense, dealing with legal issues and factual sufficiency piece-by-piece for easy following.
We underscore the detrimental impacts to the client and case leverage if claims or defenses are stricken at this early stage, appealing to the court's discretion where prudent.
Every opposition is finely polished through multiple stages of review between our brief writers and editors to perfect legal arguments, formatting, citation form, grammar, and overall readability.
By leveraging these opposition writing strategies, Ghost Briefs delivers court-ready motions presenting the strongest case for overcoming demurrers and motions to strike. Contact us to discuss an upcoming pleading opposition or learn more about our services.
With so much on the line when facing demurrers and motions to strike pleadings, you need an experienced legal writing firm in your corner. At Ghost Briefs, we have an extensive track record helping consumer attorneys. We have both the specialized expertise and battle-tested writing skills to arm your case with winning opposition briefs. Here are some more reasons to work with us:
Over the past few years, our attorneys have drafted hundreds of successful oppositions to demurrers across a wide spectrum of personal injury and employment cases. Name the issue, and chances are we’ve opposed it – from technical application of statute of limitations rules to common policy limit demands, and everything in between. We know what legal angles resonate with different courts and how to pull the most favorable precedents. This experience guides our precision approach.
In addition to substantial experience, our brief writers have honed their legal writing skills in the trenches of law firms before joining Ghost Briefs. We specialize in translating complex legal arguments into a clear, compelling narrative for judges. The proof lies in our success rate overcoming demurrer and motion to strike pleadings challenges. We’ve preserved countless causes of action other attorneys had given up for lost.
Pretrial pleading litigation requires an acute understanding of procedure rules and the standards governing demurrers and motions to strike. Unlike generalist firms dabbling in multiple areas, our laser focus on consumer law provides in-depth knowledge of the applicable Civil Procedure Code sections, Rules of Court, and common law doctrines in play. We know what motion judges want to see – and deliver.
We recently helped a consumer attorney client overcome a demurrer threatening their client’s crucial punitive damages claim in an on-going dispute with an insurance company. The carrier demurred to the punitive damages claim in the complaint, arguing insufficient facts were pleaded to meet the high “clear and convincing evidence” standard.
Our analysis determined several factual allegations did support a claim for punitive damages under fiery Fraud, Oppression, or Malice legal theories. This included bad faith delay tactics and systematic harms to other claimholders. Leveraging key Unfair Competition Law and tort case law precedents, we structured a persuasive opposition refuting the carrier’s arguments.
In our briefing, we spotlighted four precise paragraph allegations in the complaint establishing despicable conduct toward the plaintiff, also noting evidentiary support for corporate policies harming other claimholders in similar ways. We successfully distinguished the insurance company’s cited opinions as inapposite or outdated.
The end result? The Superior Court denied the demurrer in full, preserving the punitive damages claim intact based on our pointed opposition. This gave the plaintiff essential leverage in settlement negotiations soon after, securing a 7-figure payout – far exceeding the policy alone. Barring an unfavorable appellate ruling down the road, the claim also remains plead for the jury trial sought by the plaintiff.
This real-world example showcases our demurrer opposition expertise in action. Had this claim been stricken prematurely, the case value would have sunk dramatically. By overcoming the attack on pleadings, we empowered our attorney client to achieve maximum justice for their injured client when it mattered most. Contact Ghost Briefs to discuss a similar success for your case.
Facing an upcoming demurrer or motion to strike? We offer free 30-minute consultations to evaluate your current pleadings challenge and discuss a custom opposition approach. On a call with one of our attorneys, we can review your complaint or answers, identify potential vulnerabilities, and outline impactful counterarguments drawing from our extensive experience opposing these motions. Receive straight forward advice on your options.
Empowering Attorneys with Precision, Expertise, and Unmatched Legal Writing.
Ghost Briefs provides high-quality legal writing and research support, helping attorneys streamline caseloads and focus on what matters most—delivering exceptional results for their clients.
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