John Chiv: Michael Acosta and Sarah Carroll enter a demurrer, hearing continued

Mar 12, 2020

Michael Acosta and Sarah Carroll enter a demurrer, hearing continued

Local attorney Michael Acosta and co-defendant Sarah Carroll were scheduled to be arraigned this afternoon.

Arraignment was continued to tomorrow and a hearing on the demurrer filed by both Acosta and Carroll is scheduled at the same time.

Acosta told me "you cannot enter a demurrer after a not guilty plea."

"A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer." --Wikipedia

Find Law:

The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30 , to the pleading on any one or more of the following grounds:

(a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.

(b) The person who filed the pleading does not have the legal capacity to sue.

(c) There is another action pending between the same parties on the same cause of action.

(d) There is a defect or misjoinder of parties.

(e) The pleading does not state facts sufficient to constitute a cause of action.

(f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.

(g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.

(h) No certificate was filed as required by Section 411.35 .

(i) No certificate was filed as required by Section 411.36 .

Michael Acosta is representing himself. The Public Defender's office was appointed for Carroll. Both entered general time waivers.

Deputy District Attorney Carolyn Schaffer was present for arraignment.

I was able to get a copy of the demurrer filed. No other media had it when they left after court today.