Wigman

On application for writ of mandamus. The petitioner, as defendant in an action pending in the Superior Court, demurred to the complaint on several grounds stated in the demurrer, but did not note on the demurrer or file therewith any note or memorandum of the authorities in support thereof. Paragraph 8 of rule 10 of the Superior Court of Los Angeles County provides that a party demurring shall note on the demurrer the authorities in support thereof, or file a separate memorandum of such authorities. The rule does not declare what penalty or default shall result from failure to comply with these requirements. When the demurrer was called for hearing the judge called attention to the fact that the demurrer was not accompanied by any points and authorities. For that sole reason, without examining the demurrer itself, he refused to consider the demurrer, and entered an order overruling the same.

Section 421 of the Code of Civil Procedure reads as follows: “The forms of pleading in civil actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed in this code.” Section 430 authorizes the defendant to demur to the complaint. Section 431…