Demurrers and Motions to StrikeâThey Aren‘t Just for Defendants Anymore
By Andrew Friedman
Official Publication of the State Bar of California Labor and Employment Law Section
Andrew H. Friedman is a partner with Helmer Friedman LLP in Los Angeles, where he represents employees in all aspects of employment law. Mr. Friedman is the author of a two-volume, approximately 1,500 page, employment discrimination law treatise, titled Litigating Employment Discrimination Cases (James Publishing, 2014).
For decades, employment defense counsel have filed demurrers (state court)1 and motions to strike (federal court)2 to challenge plaintiffs’ complaints in an effort to narrow the issues and/or force plaintiffs to clarify ambiguous allegations and claims. Relatively recently, however, plaintiffs’ employment counsel have begun to seize the demurrer and motion to strike as weapons of their own to combat boilerplate, everything-but-the-kitchen-sink affirmative defenses.