Va. Code Ann. § 8.01-273

Section 8.01-273 calls for liberal leave to amend after a demurrer is sustained, but permits denial when amendment would only reargue a question already decided.

Hechler Chevrolet, Inc. v. General Motors Corp. · filed 1985-11-27

It is true that a trial court may always, in its discretion, decide to reconsider a ruling and that, when a demurrer is sustained, leave to amend should be liberally granted to further the ends of justice. See Rule 1:8, Code § 8.01-273. The trial court, however, retains discretion to deny a motion for leave to amend when it is apparent that such an amendment would accomplish nothing more than provide opportunity for reargument of the question already decided.

Section 8.01-273 preserves a plaintiff’s right to rely on an original pleading after amending it in response to a sustained demurrer, if the court’s order records the plaintiff’s objection.

Wingfield v. Franklin Life Insurance · filed 1999-02-19

In fact, Virginia law provides that when a plaintiff amends his pleading after a court sustains a demurrer, ... he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided the order of the court shows that he objected to the ruling of the court sustaining the demurrer. ... Thus, plaintiff removed defendants Woods and Doe from the case involuntarily, and pursuant to the “voluntary-involuntary” rule, the case lacks complete diversity.

Section 8.01-273 requires a demurrer to specify its grounds; a court cannot address an objection the demurrer did not raise.

Abrams v. Mary Washington College · filed 1994-04-27

That matter cannot be addressed at this juncture, however, because the defendants did not specify it as a basis for their demurrer. Virginia Code § 8.01-273.

Section 8.01-273 requires a demurrer to state its grounds specifically and limits the court to the grounds stated in it.

Tremel v. Reid · filed 1998-04-20

Although Defendants BSA and SJAC demur to the entirety of the Amended Motion for Judgment, Va. Code § 8.01-273 requires that “[a]ll demurrers ... shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court.”

Section 8.01-273 limits the court's consideration of a demurrer to the ground raised in it.

Lucas v. C & B Associates · filed 1990-01-31

Pursuant to Virginia Code § 8.01-273 (1950 as amended) this Court will consider only that ground in determining whether plaintiff’s motion for judgment has failed to state a cause of action upon which relief can be granted against C & B Associates.

Section 8.01-273 requires the specific grounds for a demurrer to be stated in the written pleading.

Lueker v. Rel Tech Group, Inc. · filed 1991-06-13

While this argument may have merit, it cannot be ruled upon as it was not properly raised. The specific grounds for demurrer must be set forth in the written pleading.

Section 8.01-273 limits a court considering a demurrer to the grounds specifically stated in it.

Unity Farm Construction, Inc. v. Slabtown Ltd. Partnership · filed 1991-06-26

Despite these observations, the court’s duty on a demurrer is to consider only those grounds specifically set forth in the demurrer. Virginia Code § 8.01-273. Finding that the demurrer fails to provide a basis for holding that Count II does not state facts upon which relief can be granted, the demurrer will be overruled and denied.

Section 8.01-273 limits a court’s consideration of a demurrer to grounds specifically stated in it.

Pierce v. Foreign Mission Board of the Southern Baptist Convention · filed 1992-05-18

The court expresses no opinion on whether either or both of the subject policy statements contain provisions which prohibit defendant from terminating employees except for cause. Such issue is not raised in defendant’s demurrer, and Va. Code § 8.01-273 provides that “[n]o grounds other than those stated specifically in the demurrer shall be considered by the court.”

Section 8.01-273 requires grounds for a demurrer to be set forth in writing.

Adams v. Central Fidelity Bank · filed 1995-06-19(A)

The plaintiff contends, and the Court agrees, that the grounds of the demurrer were not properly set forth in writing pursuant to Va. Code § 8.01-273, and therefore should be overruled.

Section 8.01-273 limits consideration of a demurrer to the grounds specifically stated in it.

Andrews v. Bon Secours-St. Mary's Hospital of Richmond, Inc. · filed 1997-10-31

Only those grounds specifically stated in defendant’s demurrer will be considered by this court.

Section 8.01-273 limits a court’s consideration of a demurrer to the grounds specifically stated in it.

Hatfield v. Tomcat, Inc. · filed 1998-10-28

The Court may only consider those grounds stated specifically in the demurrer. See Va. Code Ann. § 8.01-273.

Section 8.01-273(A) bars a party from raising on appeal a ground it did not state specifically in its demurrer.

Delk v. Columbia/HCA Healthcare Corp. · filed 2000-01-14(A)

Defendant Columbia/HCA Healthcare failed to assert this contention in its demurrer and, thus, may not make this assertion on appeal.

Section 8.01-273 limits consideration of a demurrer to the grounds the demurrant specifically states.

McMillion v. Dryvit Systems, Inc. · filed 2001-09-14

However, under the provisions of Code § 8.01-273, the circuit court could consider only those grounds specifically stated by the demurrant. Likewise, our consideration of the demurrer on appeal is limited to the grounds raised by Dryvit.

Section 8.01-273 requires demurrers to be in writing and limits the court to grounds specifically stated in the demurrer.

Commonwealth Biotechnologies, Inc. v. Virginia Commonwealth University · filed 2002-05-08

First, Va. Code § 8.01-273 requires that all demurrers be in writing and that “[n]o grounds other than those stated specifically in the demurrer shall be considered by the court.” While defendants’ argument based on lack of notice under § 11 -69(A) is contained in their “Memorandum of Law in Support of Special Plea of Sovereign Immunity, Demurrer, etc.,” and was mentioned during oral argument, it was not made in their written demurrer.

Section 8.01-273 limits consideration of a demurrer to the grounds specifically stated in it.

MDM Associates v. Johns Bros. Energy Technologies · filed 2002-07-31

Furthermore, although Defendant JBET argues in its Memorandum in Support of its Demurrer that its post-transaction conduct cannot form the basis for Plaintiffs claim, this was not alleged in the Demurrer. The Court cannot consider this argument because “[n]o grounds other than those stated specifically in the demurrer shall be considered....” Va. Code Ann. § 8.01-273 (Michie 2000).

Section 8.01-273 limits a court to grounds stated in a demurrer; a ground addressing fraud generally can cover both actual and constructive fraud claims.

Hamlett v. Virginia Vascular Assocs. · filed 2003-04-21

However, Defendants’ demurrer addresses fraud generally, including both constructive and actual ■ fraud claims. Therefore, the Court will consider Defendants’ demurrer to Count XI.

Section 8.01-273 limits a court’s consideration of a demurrer to the grounds specifically stated in it.

Myers v. Tyler · filed 2003-05-08

The Court may only consider grounds specifically stated in the demurrer. Va. Code Ann. § 8.01-273 (2003). Defendant did not include this argument as a ground for his demurrer. In addition, qualified privilege is an affirmative defense. Therefore, the Court will not consider the Defendant’s assertion of qualified privilege at this time.

Section 8.01-273 limits review of a demurrer to the specific grounds stated in it.

Booker v. Humphreys · filed 2005-12-12

As required in consideration of any demurrer, the Court limits its inquiry about whether the ABOC states a cause of action for which relief may be granted to the specific grounds stated in the defendants’ demurrer. Va. Code § 8.01-273.

Section 8.01-273 requires a demurrer to state its grounds; the court will not consider a ground raised only at argument.

Harrison v. Bittler · filed 2006-03-02

I am not considering Mr. Whittington’s “dram shop” argument, which he made on February 3, 2006, because it is not stated as a ground in the Demurrer. See Va. Code § 8.01-273.

Section 8.01-273(A) requires a demurrer to state its grounds specifically; a court cannot consider a ground omitted from the written demurrer.

Robinson v. Brugiere · filed 2006-09-21(A)

Va. Code § 8.01-273(A) requires that all demurrers state specifically the grounds on which the pleading is insufficient. Grounds not stated in the demurrer cannot be considered by the court. ... Thus, because this issue is not raised in the written demurrer, it cannot be considered.

Section 8.01-273 requires a demurrer to state its grounds specifically and limits the court to considering those grounds.

Boy Blue, Inc. v. Brown · filed 2007-02-13

All demurrers shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. Va. Code § 8.01 -273. In this hearing, the Court considers only the grounds specifically stated in the Demurrer and defendants’ Memorandum of Law in Support of then Demurrer (“the Memo” or “Memo”).

Section 8.01-273 requires a demurrer to state specific grounds for challenging a pleading.

Monger v. Herring · filed 2009-11-06

However, plaintiff did not assert specific grounds to support such a finding. See Va. Code Ann. § 8.01-273.

A court considering a demurrer may consider only grounds specifically stated in the demurrer.

Tc Midatlantic Dev. v. Dept. of Gen. Svcs. · filed 2010-06-10

Regardless of the merits of DGS’ position, Code § 8.01-273 provides that in considering a demurrer, “[n]o grounds other than those stated specifically in the demurrer shall be considered by the court.”

Section 8.01-273 limits a court’s analysis of a demurrer to the grounds the demurrer raises.

McClosky v. Warren County Department of Social Services · filed 2010-07-15

This ruling pertains only to McClosky’s claim of a Type 2 exception to the “employment-at-will” doctrine, as will be discussed hereinbelow. This is the sole exception addressed by the demurrer, and the Court must limit its analysis to that one issue. Virginia Code § 8.01-273.

Section 8.01-273 limits a court’s review of a demurrer to grounds specifically stated in the demurrer.

Beach v. McKenney · filed 2011-04-05

Although Defendant, in its brief, raises the argument that Plaintiff failed to allege that Defendant’s actions arose to malice or a conscious disregard of others, this Court can only consider the grounds stated specifically in the demurrer. Va. Code Ann. § 8.01-273.

Section 8.01-273 limits a court’s consideration of a demurrer to grounds specifically stated in the pleading.

Craddock v. A & E Moving Storage, Inc. · filed 2011-04-22

Virginia Code § 8.01-273 prohibits the Court from considering any grounds for demurrer other than those stated specifically in the pleading; thus, the Court limits its consideration of New Bell’s demurrer to Counts V and VII.

Section 8.01-273 limits a court’s consideration of a demurrer to the grounds specifically stated in it.

Fidelity National Title Insurance v. Washington Settlement Group, L.L.C. · filed 2013-09-04

Moreover, pursuant to Virginia Code § 8.01-273, the Court considers only those grounds specifically stated in the demurrer.

Section 8.01-273(A) limits a court’s consideration of a demurrer to the grounds specifically stated in it.

Rife v. Buchanan County Hospice · filed 2013-11-18(A)

As Defendant did not demur to this theory of punitive damages, the Court may not consider its sufficiency. See Va. Code Ann. § 8.01-273(A).

Section 8.01-273 requires a demurrer to state its grounds specifically and bars it from introducing new facts in support of those grounds.

Patel v. Anjali, L.L.C. · filed 2010-10-08

Virginia Code § 8.01-273 states, in relevant part: “All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court.” Therefore, a demurrer cannot introduce new facts in support of itself; this is an impermissible “speaking demurrer.”

Section 8.01-273 limits a court’s review of a demurrer to the grounds specifically stated in it.

Favor v. Quinn · filed 2014-07-23

Notwithstanding, James River did not demur to this count on grounds that it is not a valid claim for relief. James River demurred on grounds that because all other claims fail as a matter of law, this one must, too. The court can only consider grounds specifically stated in the demurrer. Va. Code § 8.01-273. Because not all of the claims fail on demurrer, the Court must overrule the demurrer as to Count 11 for respondeat superior.

Section 8.01-273 limits a court to the grounds specifically stated in a demurrer; an objection first raised in a later memorandum is too late.

Hershey Chocolate of Virginia, Inc. v. Augusta County · filed 2015-08-21

On the contrary, “[n]o grounds other than those stated specifically in the demurrer shall be considered by the court.” Va. Code Ann. § 8.01-273; ... Accordingly, it is neither the obligation nor the inclination of the Court to tease out of the language of the Demurrer an objection not clearly stated.

Section 8.01-273 requires a court ruling on a demurrer to assume that the pleaded allegations and reasonable inferences from them are true.

Banglesdorf v. Underwood Enterprises, Inc. · filed 1990-03-09

In ruling on the demurrer, the court must assume that all allegations in the pleadings, and all reasonable inferences that can be drawn from those allegations, are true. Virginia Code § 8.01-273; West Alexandria Properties v. First Virginia Mortgage, 221 Va. 134 (1980).

Section 8.01-273 requires a court ruling on a demurrer to assume the motion for judgment’s allegations and reasonable inferences are true.

Motion Control Industries, Inc. v. Butzner Construction Co. · filed 1990-11-21

It is axiomatic that for purposes of this ruling all allegations in the motion for judgment, and reasonable inferences to be drawn from them, am assumed to be true.

Section 8.01-273(A) treats a demurrer as admitting the facts in the pleading it challenges; a demurrer to an amended bill does not admit allegations omitted from that bill.

Esposito v. Chandler · filed 1991-05-31(A)

A demurrer is a pleading which admits the truth of the facts pleaded by the complainants but asserts that such facts do not support the granting of any relief. See Virginia Code § 8.01-273(A); W. H. Bryson, Handbook on Virginia Civil Procedure (2d Ed.) pp. 226-228. Each defendant has filed a demurrer to the Amended Bill of Complaint; therefore, for purposes of each demurrer, only the allegations contained in the Amended Bill of Complaint are taken as admitted (and not the allegations of the original Bill of Complaint).

Section 8.01-273 requires a court considering a demurrer to treat the challenged pleading’s allegations and reasonable inferences as true and to consider only the pleadings.

George v. George · filed 1993-10-06

When the court considers a demurrer, the allegations contained in the pleading under attack, and all reasonable inferences that can be drawn from the allegations, are deemed true. Virginia Code § 8.01-273; ... Further, only the pleadings can be considered.

Section 8.01-273 permits a demurrer to test whether pleaded facts and reasonable inferences state a cause of action.

Berry v. Scott & Stringfellow · filed 1998-03-27

A demurrer challenges the legal sufficiency of a pleading and tests whether, based on facts alleged and any reasonable inferences therefrom, the plaintiff has stated a cause of action upon which the court may grant relief.

Section 8.01-273 allows a demurrer to test whether the alleged facts and reasonable inferences state a cause of action.

Flayhart v. Interocean Ugland Management Corp. · filed 1998-06-10

A demurrer challenges the legal sufficiency of a pleading and tests whether, based on facts alleged and any reasonable inferences therefrom, the plaintiff has stated a cause of action upon which the court may grant relief.

Section 8.01-273 limits a demurrer to testing whether the pleaded facts and reasonable inferences state a claim for relief.

Williams v. Murry's Inc. · filed 1998-05-28

A demurrer challenges the legal sufficiency of a pleading and tests whether, based on facts alleged and any reasonable inferences therefrom, the plaintiff has stated a cause of action upon which the court may grant relief. See Va. Code Ann. § 8.01-273; Burns v. Board of Supervisors, 218 Va. 625, 627 (1977). ... Because the court will not consider matters outside of a motion for judgment on a demurrer, Blueberry’s demurrer must be overruled.

Section 8.01-273 allows a demurrer to challenge a pleading’s legal sufficiency; the court accepts the pleaded facts as true and looks for legal error on the face of the record.

Filak v. George · filed 2002-05-24

Virginia Code § 8.01-273 provides, “the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.” The purpose of a demurrer is to test the legal sufficiency of an aggressive pleading. It admits the truth of the facts pleaded while denying their legal significance. The legal error or insufficiency alleged in the demurrer must be apparent on the face of the record.

On demurrer, the court accepts reasonable inferences from the pleaded facts in the complainant’s favor rather than resolving factual disputes.

Fitzpatrick v. Fitzpatrick · filed 2006-06-28

Affording every reasonable inference to Complainant, as this Court must do on demurrer, requires the consideration and acceptance of the possibility that Complainant remained a Virginia resident and domiciliary since 2001 and lived in the marital home in Florida, and elsewhere, as mere transitory abodes.

A demurrer admits well-pleaded facts and reasonable inferences from the allegations.

Hunter Investment Group, Inc. v. Breschel · filed 2002-10-28

A demurrer admits the truth of all factual matters well pleaded and all reasonable inferences attributable to the allegations.

A demurrer admits properly pleaded facts while asserting that they do not state a legally valid cause of action.

Ellis v. Whitt · filed 2005-02-02

It is concurrently an admission of all facts properly pleaded by the plaintiff and an assertion that said facts are insufficient to state a legally valid cause of action. Virginia Code § 8.01-273.

Section 8.01-273 limits a demurrer to testing whether a pleading states a cause of action or facts that support relief, assuming its allegations are true.

Thomas v. Pettibone · filed 2002-11-12

The function of a demurrer is to test only whether the challenged pleading states a cause of action or sufficiently states facts upon which relief can be granted if all the allegations are admitted as true.

When reviewing a granted demurrer, the court accepts the facts alleged in the petition as true for that review.

Chesapeake Bay Foundation, Inc. v. Commonwealth Ex Rel. State Water Control Board · filed 2006-04-04

Because this case involves the granting of a demurrer, we accept as true, for purposes of reviewing this motion only, all facts alleged in the petition.

Section 8.01-273 limits a demurrer to the legal sufficiency of the pleadings; the court may not decide the factual merits of the claim.

Almy v. Grisham · filed 2007-01-12

We first observe that when ruling on a demurrer, in contrast to ruling on a motion for summary judgment, a court is not permitted to decide the merits of a claim but only may decide whether a plaintiff's factual allegations are sufficient to state a cause of action. ... In the present case, the circuit court erred in considering the factual merit of Almy's allegations in ruling on the defendants' demurrers.

Section 8.01-273 provides that, on demurrer, the court accepts factual allegations as true and decides whether they state a cause of action.

General Excavation, Inc. v. City of Harrisonburg · filed 2010-04-05

At demurrer, the Court accepts as true all factual allegations and determines whether they are sufficient to state a cause of action. Va. Code § 8.01-273.

A demurrer admits well-pleaded material facts and should be sustained when the pleading fails to state facts supporting the requested relief.

Horne v. Browder · filed 2015-08-04

A demurrer admits the truth of all well-pleaded material facts and should be sustained when a “pleading fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273 (2013).

Section 8.01-273 provides that a demurrer tests whether the pleaded facts state a cause of action.

Little Professor Book Co. of Reston, Va., Inc. v. Reston North Point Village Ltd. Partnership · filed 1996-09-27

A demurrer challenges the legal sufficiency of factual allegations in order to determine whether the motion for judgment states a cause of action upon which relief can be granted.

Section 8.01-273(A) allows a demurrer to test whether a pleading states a legally sufficient cause of action.

Fidelity National Title Ins. v. Southern Heritage Title Ins. Agency, Inc. · filed 1997-06-12(A)

The function of a demurrer is merely to test whether the plaintiffs pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A) (Michie, 1977), see also, Grossman v. Saunders, 237 Va. 113 (1989). The court may consider only those matters stated on the face of the pleadings demurred to or exhibited therewith.

Section 8.01-273(A) limits a demurrer to testing whether the pleaded facts state a cause of action.

Lee v. Delhaize America, Inc. · filed 2000-06-08(A)

Under familiar principles, a demurrer tests only the sufficiency of factual allegations to determine whether the motion for judgment states a cause of action. Va. Code § 8.01-273(A).

Section 8.01-273 requires a challenge to the sufficiency of a pleading to be raised by demurrer.

Woolfolk v. Wade · filed 1995-06-13

Insufficiency of a pleading is raised by demurrer. ... The Coopers did not file a demurrer.

Section 8.01-273(A) allows a party to challenge a pleading’s legal sufficiency by demurrer; summary judgment is improper for that challenge.

Smith v. Button · filed 1997-09-24(A)

hi an action at law, "the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.” Va. Code § 8.01-273(A). ... Defendant’s Motion for Summary Judgment claiming the allegations and fects pleaded in Count One of Plaintiffs Motion for Judgment is improper for summary judgment and, thus, is overruled.

Section 8.01-273(A) makes a demurrer a test of whether the plaintiff’s pleading states a cause of action for which relief can be granted.

Weiss v. Cassidy Development Corp. · filed 2003-02-21(A)

A demurrer tests whether the plaintiffs pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273 (A) (Michie Supp. 1993).

Section 8.01-273(A) permits a demurrer to test whether a pleading states a cause of action on which relief can be granted.

Jeffery Financial Group, Inc. v. Four Seasons Development, L.L.C. · filed 2003-09-23(A)

A demurrer tests whether the plaintiffs pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A). ... The Court agrees with Four Seasons that Financial’s descriptive allegations contradict its own incorporated exhibits. Four Seasons’ demurrer is sustained without prejudice.

A demurrer tests whether a pleading states a cause of action upon which relief can be granted.

Ace Temporaries, Inc. v. City of Alexandria · filed 2005-10-11(A)

A demurrer tests the legal sufficiency of the pleadings to determine whether the pleading states a cause of action upon which relief can be granted. Va. Code § 8.01-273(A). Based on my review of the Defendants’ Cross-Bill, it is my opinion that each of the facts alleged in the three counts, if true, state a cause of action upon which relief may be granted and, therefore, the Plaintiffs’ demurrer is overruled.

Section 8.01-273(A) provides that a demurrer tests whether a pleading states a cause of action upon which relief can be granted.

Al-Roubaihy v. Council of Co-Owners of Colchester Towne Condominium-Section One · filed 2002-10-09(A)

A demurrer tests whether the plaintiffs pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A) (Michie Supp. 1993).

Section 8.01-273(A) makes a demurrer a test of whether the plaintiff’s pleading states a cause of action for which relief can be granted.

Lucas v. Thompson · filed 2003-01-15(A)

A demurrer tests whether the plaintiffs’ pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A) (Michie Supp. 1993).

Section 8.01-273(A) makes a demurrer a test of whether the plaintiff's pleading states a cause of action on which relief can be granted.

Odeneal v. Thompson · filed 2003-08-06(A)

A demurrer tests whether the plaintiffs pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A).

Section 8.01-273(A) makes a demurrer a test of whether the plaintiff’s pleading states a cause of action for which relief can be granted.

Weiss v. Cassidy Development Corp. · filed 2003-08-18(A)

A demurrer tests whether the plaintiffs pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A).

Section 8.01-273(A) permits a demurrer to test whether a pleading states a legally sufficient cause of action.

Bastable v. Muslu · filed 2009-07-08(A)

Under well-settled Virginia law, the function of a demurrer is to challenge the legal sufficiency of a pleading and to test whether the pleading states a cause of action upon which relief may be granted.

Section 8.01-273 governs demurrers, which test whether the pleaded facts are sufficient to let a suit proceed.

NRC Management Services Corp. v. First Va. Bank-Southwest · filed 2003-07-28

A demurrer is analogous to a motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

A demurrer under § 8.01-273 tests whether the pleaded facts state a cause of action.

Taylor v. Robinson · filed 2003-09-29

The defendant’s demurrer tests the sufficiency of the plaintiffs factual allegations to determine whether the amended Motion for Judgment states a cause of action. Va. Code Ann. § 8.01-273 (Michie 2000).

Section 8.01-273 permits a demurrer to test whether a pleading states a claim, but factual questions such as agency must be decided at trial.

Hatten v. Campbell · filed 2006-06-05(A)

The Court finds that the Demurrer should be overruled regarding the statement to Ms. Hatten’s husband. Whether Ms. Hatten’s husband was her agent is a question of fact to be decided at trial.

Section 8.01-273 provides for a demurrer to challenge whether a counterclaim states a valid cause of action.

Parsch v. Massey · filed 2006-06-28

If the Plaintiffs had believed the Counterclaims did not state valid causes of action, their proper recourse was filing a demurrer. Va. Code Ann. § 8.01-273. The Plaintiffs never filed a demurrer, but submitted a general Answer that addressed the Defendants’ Counterclaims on the merits. Consequently, Count III and IV are properly considered counterclaims.

Subsection (A) allows a demurrer to test whether a pleading states a cause of action for which relief can be granted.

Root v. Fairfax County · filed 2010-12-14(A)

A demurrer tests whether a plaintiff’s pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A) (2010).

Section 8.01-273(A) allows a demurrer to test whether a pleading states a cause of action upon which relief can be granted.

Tomlin v. International Business Machines Corp. · filed 2012-02-13(A)

A demurrer tests whether the plaintiff’s pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A).

Section 8.01-273(A) allows a demurrer to test whether a pleading states a cause of action for which relief can be granted.

Penney v. Brock · filed 2012-04-24(A)

A demurrer tests whether the plaintiff’s pleading states a cause of action upon which relief can be granted. Va. CodeAnn. § 8.01-273(A). ... For the reasons enumerated above, the fraud count in this action, as plead, cannot stand and the demurrer as to Donald Brock is sustained.

Section 8.01-273 governs demurrers, which test whether a pleading states a valid cause of action when viewed in the plaintiff’s favor.

Farran v. Olde Belhaven Towne Owners' Ass'n · filed 2010-07-08

A demurrer tests the legal sufficiency of a pleading and should be sustained if the pleading, considered in the light most favorable to the plaintiff, fails to state a valid cause of action. Va. Code Ann. § 8.01-273; Welding, Inc. v. Bland County Serv. Auth., 261 Va. 218, 226, 541 S.E.2d 909, 914 (2001). ... The Demurrer is overruled with respect to the Penalties Resolution and is sustained with respect to Farrans’ claim that Belhaven’s denial of their architectural request was ultra vires.

Section 8.01-273 governs demurrers, which test whether a pleading states a valid cause of action when read in the plaintiff’s favor.

Hughes v. Bransfield · filed 2012-01-11

A demurrer tests the legal sufficiency of a pleading and should be sustained if the pleading, considered in the light most favorable to the plaintiff, fails to state a valid cause of action. Va. Code § 8.01-273; see Sanchez v. Medicorp Health Sys., 270 Va. 299, 303, 618 S.E.2d 331, 333 (2005).

Section 8.01-273(A) limits a demurrer to testing whether a complaint states a claim; it does not substitute for a special plea, summary judgment, or trial.

Watson v. Lederman · filed 2011-10-06(A)

A demurrer only challenges the legal or factual sufficiency of a complaint in stating a claim. Va. Code § 8.01-273(A). It is not a substitute for a special plea, motion for summary judgment, or trial.

A demurrer tests whether a pleading states a valid cause of action when viewed in the plaintiff’s favor.

Salazar v. US Bank, N.A. · filed 2011-03-09

A demurrer tests the legal sufficiency of a pleading and should be sustained if the pleading, considered in the light most favorable to the plaintiff, fails to state a valid cause of action.

Section 8.01-273 permits a demurrer to test whether a complaint alleges sufficient facts to support the relief sought; legal conclusions alone are insufficient.

Link v. Bayer Cropscience, Inc. · filed 2012-07-26

A demurrer tests the legal sufficiency of the allegations in a complaint. Va. Code § 8.01-273. To be valid, a complaint may not simply state conclusions of law, but must set forth sufficient facts to establish a foundation under the law such that a court could grant the judgment sought.

Section 8.01-273 permits a demurrer to test a pleading’s legal sufficiency; the demurrer should be sustained if the pleading fails to state a valid cause of action when viewed favorably to the plaintiff.

Tran v. Fairfax County Board of Supervisors · filed 2013-12-18

A demurrer tests the legal sufficiency of a pleading and should be sustained if the pleading fails to state a valid cause of action when viewed in the light most favorable to the plaintiff.

Section 8.01-273(A) makes a demurrer a test of whether a complaint states a legally sufficient cause of action.

Tedders v. Bank of America, N.A. · filed 2015-02-04(A)

It is well established that a demurrer tests whether a complaint states a sufficient basis to establish a cause of action for which relief can be granted Grossmann v. Saunders, 237 Va. 113, 119, 376 S.E.2d 66, 69 (1989); see Va. Code Ann. § 8.01 -273(A).

Section 8.01-273 provides that a demurrer tests whether a complaint states a cause of action.

Davison v. Virginia Department of Education · filed 2014-10-13

The function of a demurrer is to test whether a complaint states a cause of action. Va. Code Ann. § 8.01-273.

Section 8.01-273 permits a demurrer to test whether a complaint states a cause of action.

Blanchard v. Capital One Services, L.L.C. · filed 2015-10-26

The purpose of a demurrer is to determine whether a complaint states a cause of action upon which relief may be granted.

Section 8.01-273 limits a court considering a demurrer to the facts alleged in the pleadings.

Burton v. Dolph · filed 2014-06-27

The Court will not consider any factual assertions outside the pleadings for purposes of a demurrer.

Section 8.01-273 makes a demurrer a means of determining whether a complaint states a cause of action for which the requested relief may be granted.

Dye v. CNX Gas Company, LLC · filed 2016-04-21

The purpose of a demurrer is to determine whether a complaint states a cause of action upon which the requested relief may be granted. Code § 8.01-273; Collett v. Cordovana, 290 Va. 139, 144, 772 S.E.2d 584, 587 (2015).

Section 8.01-273 provides that a demurrer determines whether a complaint states a cause of action for which relief may be granted.

Jared v. Nisc Holdings · filed 2012-06-07

The purpose of a demurrer is to determine whether a complaint states a cause of action upon which the requested relief may be granted.

Section 8.01-273 limits consideration on demurrer to issues the demurrer specifically raises.

Kincheloe v. Spotsylvania County · filed 1988-02-22

The demurrer does not specifically raise the question whether the County’s alleged breach of the deed covenants constitutes a "taking" of the subject property under Article I, Section 11, of the Constitution of Virginia. Therefore, the issue cannot be considered at this point. Virginia Code § 8.01-273.

Section 8.01-273 permits a demurrer to challenge whether a pleading states a cause of action or facts supporting the requested relief.

Herr & Kline, Inc. v. D & M Ins. Agency, Inc. · filed 1999-02-11

“In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.” Va. Code Ann. § 8.01-273 (Michie 1992 Supp. 1998). ... The Court concludes for the purposes of the Demurrer, and so limited, sufficient allegations relative to breach of an implied oral contract have been pleaded. Therefore, the Demurrer as to Count n of the Motion for Judgment is overruled.

Section 8.01-273 limits a demurrer to whether the pleading states a cause of action and facts supporting the requested relief.

Blanchette v. Toll Bros. · filed 1999-04-06

A demurrer is to be sustained when the pleading does not state a cause of action or fails to state frets upon which the relief demanded can be granted. Va. Code § 8.01-273. ... The arguments advanced by the Defendants do not attack these counts for failure to state a claim but rather argue that, as a matter of law, they are entitled to a limitation on damages or a restriction on the causes of action. That argument is appropriate for summary judgment but not demurrer. The Demurrer is overruled as to Counts III and VI.

Section 8.01-273 permits a demurrer to challenge whether a pleading states a cause of action or facts supporting the relief sought.

Morgan v. City of Norfolk · filed 2001-03-20

“In any suit in equity or action at law, foe contention that a pleading does not state a cause of action or that such pleading foils to state facts upon which foe relief demanded can be granted may be made by demurrer.” Va. Code Ann. § 8.01-273 (Michie 1992, Supp. 1998). ... Accordingly, the Demurrer is sustained as to Motion ¶¶ 3,5, and 7.

Section 8.01-273(A) permits a demurrer to challenge whether a pleading states a cause of action or facts upon which relief can be granted.

Jarrett v. Goldman · filed 2005-05-31(A)

In filing demurrers, the defendants challenge the legal sufficiency of the amended motion for judgment and demand the judgment of the court on the matter before proceeding further. The demurrer standard is succinctly reflected in Va. Code § 8.01-273(A), providing that “the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which relief can be granted may be made by demurrer.”

Section 8.01-273 permits a demurrer to challenge whether a pleading states a cause of action or alleges facts supporting the relief sought.

Phillips v. BJ's Wholesale Club, Inc. · filed 2008-09-26

A demurrer alleges that “a pleading does not state a cause of action, or . . . fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273 (2008). ... The Court will sustain Defendant Harris’ Demurrer and dismiss the Plaintiff’s case against her. Defendant BJ’s demurrer will be overruled.

Section 8.01-273 requires a pleading challenged by demurrer to clearly identify the claim and allege facts sufficient to establish its elements.

Alexander v. Wilson · filed 1991-10-03

A demurrer is a defensive pleading by which it is contended that an offensive pleading (here, a motion for judgment) does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Virginia Code § 8.01-273. ... The statute and the Rules just mentioned make it clear that in order to survive a demurrer, a motion for judgment must allege sufficient facts to establish the substantive elements of a particular cause of action.

Section 8.01-273 permits a demurrer when the facts alleged in a motion for judgment, even if proved, would not establish a cause of action.

Friedman v. Fairfax Plaza Office Park Condominium Ass'n Board of Directors · filed 1992-10-26

A complaint is sufficient as against a demurrer if the motion for judgment states facts which if proved would establish a cause of action. Va. Code § 8.01-273 (1992). Assuming the truth of Plaintiff’s allegations, this Court is of the opinion that Defendant’s Demurrer should be granted for the following reasons.

Section 8.01-273 permits a demurrer when the pleaded facts do not support the relief demanded.

James v. Ashland Ford-Mercury, Inc. · filed 1998-07-31

In any event, in the absence of Count III (“Negligent Entrustment”), there is no basis for permitting the plaintiffs to seek punitive damages. The remaining counts in the Motions for Judgment “do not state facts upon which the relief demanded can be granted.” Va. Code § 8.01-273. The demurrer is sustained.

Section 8.01-273 requires a third-party pleading to allege facts supporting the claimed right to relief to withstand a demurrer.

Kristiansen v. William A. Hazel, Inc. · filed 1993-11-23

To withstand demurrer in this case, the third-party pleading must allege facts which give rise to the defendant’s right to be indemnified.

Section 8.01-273(A) allows a demurrer to challenge whether a pleading states a cause of action; sufficient allegations of unjust enrichment defeat that challenge.

Maier v. Hendrickx · filed 1995-05-02(A)

A demurrer contends that a pleading fails to state a cause of action. See Va. Code § 8.01-273(A). ... The factual allegations of the Amended Motion for Judgment sufficiently state a cause of action for quasi contract or unjust enrichment. Accordingly, the demurrer to Count II is overruled.

Section 8.01-273 allows a demurrer to challenge whether the pleaded facts state a cause of action supporting the requested relief.

Lynchburg Communications Systems, Inc. v. Ohio State Cellular Phone Co. · filed 2003-01-22

A demurrer challenges the sufficiency of factual allegations and contends that a motion for judgment does not state a cause of action upon which the relief demanded can be granted. See Va. Code Ann. § 8.01-273 (Michie 2000). ... I sustain the Defendants’ demurrer with respect to defendants Creekmore and WRH.

Subsection (A) requires the court to determine whether the facts alleged in a complaint state a cause of action or grounds for relief when ruling on a demurrer.

International Paper Co. v. Gilliam · filed 2003-12-23(A)

When ruling on a demurrer, the Court must determine whether the factual allegations in the bill of complaint are sufficient to state a cause of action or facts upon which relief can be granted. Va. Code § 8.01-273(A) (2003).

Section 8.01-273(A) requires a court ruling on a demurrer to decide whether the pleaded facts are sufficient to state a cause of action or support relief.

International Paper Co. v. Brooks · filed 2003-12-23(A)

When ruling on a demurrer, the Court must determine whether the factual allegations in the bill of complaint are sufficient to state a cause of action or facts upon which relief can be granted. Va. Code § 8.01-273(A) (2003).

Section 8.01-273 permits a demurrer to challenge whether a pleading states a cause of action or facts supporting the relief sought.

Chandler v. Routin · filed 2003-09-23

In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.

Section 8.01-273 requires a court considering a demurrer to account for facts pleaded expressly or by implication and facts justly inferred from the challenged pleading.

In re Zoning Ordinance Amendments · filed 2003-10-21

The Court’s consideration of the various demurrers is governed by those facts pleaded expressly or by implication, as well as those justly to be inferred from the pleading sought to be challenged.

Section 8.01-273 allows a demurrer to challenge a pleading that does not state a cause of action or facts supporting the relief sought.

Sellman v. Florance Gordon Brown, P.C. · filed 2010-11-18

A demurrer alleges that “a pleading does not state a cause of action, or .. . fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273; see Votsis v. Ward’s Coffee Shop, Inc., 217 Va. 652, 654, 231 S.E.2d 236 (1977).

Section 8.01-273(A) permits a demurrer when a pleading states no cause of action or alleges no facts supporting the relief claimed.

Seeman v. Oxfordshire, L.L.C. · filed 2011-10-12(A)

The contention is that no cause of action is stated and/or that facts are not alleged upon which the relief claimed can be granted. Virginia Code § 8.01-273(A).

Section 8.01-273(A) allows a demurrer to challenge whether a pleading states a cause of action or facts upon which relief can be granted.

Wingate v. Insight Health Corp. · filed 2013-10-31(A)

A demurrer challenges the legal sufficiency of claims by asserting that a pleading does not state a cause of action or fails to state facts upon which relief can be granted. Va. Code § 8.01-273(A).

Section 8.01-273 permits a demurrer challenging whether a complaint states a cause of action; in deciding it, the court considers the pleaded facts rather than material outside the complaint.

Fentress Families Trust v. Virginia Electric & Power Co. · filed 2010-07-29

In challenging a cause of action, a party may demur on the ground that the pleading fails to state a cause of action upon which relief may be granted. Virginia Code § 8.01-273. ... The Court finds that, for purposes of the demurrer, absent agreement of the parties, the Court is limited by law to consider only facts alleged in the Plaintiffs’ Complaint. The Court must presume the facts alleged are true and may make reasonable inferences from those facts. The EPA report was not a part of the Plaintiffs’ Complaint, and, therefore, the Court will not consider it for purposes of the demurrer.

Section 8.01-273 permits a demurrer to challenge whether the facts alleged in a pleading state a cause of action.

Rogers v. Louisa County · filed 2012-01-12

“In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.” Virginia Code § 8.01-273. ... The Court is limited to determining whether the facts as alleged state a cause of action. ... Consequently, Sulzen’s demurrer is overruled.

Section 8.01-273 permits a demurrer to challenge whether a pleading states a cause of action or alleges facts supporting the requested relief.

Culpepper Landing, L.C. v. City of Chesapeake · filed 2014-02-28

“[T]he contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer. . . .” Va. Code § 8.01-273. ... In the instant matter, plaintiff alleges that defendant’s decision was arbitrary, capricious, and unreasonable. This allegation is sufficient to withstand demurrer and allows judicial review of defendant’s decision.

Section 8.01-273 limits consideration on demurrer to the pleadings, excluding factual assertions outside them.

139 Riverview, L.L.C. v. Quaker Window Products, KBS, Inc. · filed 2015-03-02

The Court will not consider any factual assertions outside the pleadings for a demurrer. See Va. Code Ann. § 8.01-273.

Section 8.01-273 limits a court deciding a demurrer to the pleadings and excludes factual assertions outside them.

Cherry v. Palace on Plume Street · filed 2015-03-17

The Court will not consider any factual assertions outside the pleadings for purposes of a demurrer. See Va. Code Ann. § 8.01-273 (1950).

Section 8.01-273 limits a court deciding a demurrer to the pleadings and excludes factual assertions outside them.

Nicoll v. City of Norfolk Wetlands Board · filed 2015-04-10

The court will not consider any factual assertions outside the pleadings for purposes of a demurrer. See Va. Code Ann. § 8.01-273 (1950).

Section 8.01-273 limits a court’s review on demurrer to facts within the pleadings.

Freeman v. Hilton · filed 2015-04-17

The court will not consider any factual assertions outside the pleadings for purposes of a demurrer. See Va. Code Ann. § 8.01-273 (1950).

Section 8.01-273 limits review on demurrer to the pleadings; the court does not consider factual assertions outside them.

Legaspi v. TME Enterprises, Inc. · filed 2015-04-27

The court will not consider any factual assertions outside the pleadings for purposes of a demurrer. See Va. Code Ann. § 8.01-273 (1950).

Section 8.01-273 confines review on demurrer to the pleadings; the court does not consider factual assertions outside them.

Doe v. Virginia Wesleyan College · filed 2015-06-20

The court will not consider any factual assertions outside the pleadings for purposes of a demurrer.

Section 8.01-273 limits review on demurrer to factual assertions within the pleadings.

Cleaves-McClellan v. Shah · filed 2016-06-30

The court will not consider any factual assertions outside the pleadings for purposes of a demurrer. See Va. Code § 8.01-273.

Section 8.01-273(A) limits a demurrer to a challenge to the pleadings.

Sweely Holdings, LLC v. Suntrust Bank · filed 2018-11-21(A)

Under modern practice, the expression “demurrer” is limited to a challenge to the pleadings.

Section 8.01-273 limits consideration of a demurrer to the pleadings, excluding factual assertions outside them.

Cherry v. Palace on Plume Street · filed 2015-09-16

The court will not consider any factual assertions outside the pleadings for purposes of a demurrer. See Va. Code Ann. § 8.01-273 (1950).

Section 8.01-273 requires a court deciding a demurrer to determine whether the pleaded facts state a cause of action.

TLP, L.L.C. v. Central Telephone Co. of Virginia · filed 2016-05-04

On demurrer, the Court must decide whether the plaintiff has alleged facts sufficient to state a cause of action. See Va. Code Ann. § 8.01 -273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts on which relief can be granted.

Bay Point Condominium Ass'n v. RML Corp. · filed 2000-07-18

A demurrer challenges the legal sufficiency of factual allegations and shall be granted if the plaintiffs pleadings do not state a cause of action or fail to state facts upon which relief can be granted. Va. Code § 8.01-273 (Michie 1950); Fun v. Virginia Military Inst., 245 Va. 249, 427 S.E.2d 181 (1993).

Section 8.01-273 allows a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

Dean v. Dearing · filed 2002-04-19

A demurrer is based on the contention that a pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Code § 8.01-273. ... The mere conclusory statement that the articles are "of and concerning" Dean does not satisfy the pleading requirement of alleging facts upon which relief can be granted in this case, and therefore Dean's pleading was insufficient to withstand a demurrer.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

Graves v. Ciraden, Inc. · filed 2004-06-09

Pursuant to Va. Code § 8.01-273, a demurrer may be sustained if a pleading does not state a cause of action or if a pleading fails to state facts upon which the relief demanded can be granted. ... The Court holds that the Complainant does have standing to challenge the restrictions of the Non-Competition and Confidentiality Agreement. As such the Respondent’s Demurrer is overruled.

Section 8.01-273 permits a demurrer to challenge a pleading that fails to state a cause of action or facts supporting the requested relief.

Innovative Systems & Solutions, Inc. v. Hannah · filed 2008-07-31

A demurrer alleges “that a pleading does not state a cause of action or... fails to state facts upon which the relief demanded can be granted.” Va. Code § 8.01-273 (2008).

Section 8.01-273 permits a demurrer to strike a pleading that fails to state a cause of action or facts upon which relief may be granted.

Koegler v. Green · filed 2009-09-01

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273.

Section 8.01-273 requires a demurrer when the plaintiff’s pleading fails to state a cause of action or facts on which relief can be granted.

Fairfield Williamsburg, Inc. v. Governor's Land Associates · filed 1996-09-11

Third, the pleadings are sufficient to withstand a demurrer. A demurrer shall be granted if the plaintiff’s pleadings do not state a cause of action or fails to state facts upon which relief can be granted. Va. Code § 8.01-273. The pleadings state facts upon which relief may be granted.

Section 8.01-273 permits a demurrer when the pleadings fail to state a cause of action or facts upon which relief can be granted.

Mar Tech Mechanical, Ltd. v. Chianelli Building Corp. · filed 2001-03-06

A demurrer challenges the legal sufficiency of factual allegations and shall be granted if the plaintiff’s pleadings do not state a cause of action or fail to state facts upon which relief can be granted.

Section 8.01-273 permits a demurrer to succeed only when the challenged pleading fails to state facts upon which the requested relief can be granted.

Studio Center Corp. v. Ferraro · filed 2007-02-15

A demurrer should succeed only when the pleading to which it responds “fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273.

Section 8.01-273 permits a demurrer to strike a pleading that fails to state a cause of action or facts upon which relief may be granted.

Commonwealth v. CCA Industries · filed 2009-12-22

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Guerin v. Mechanicsville Properties, L.L.C. · filed 2010-09-14

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Citimortgage, Inc. v. Hayes · filed 2011-02-01

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Webel v. Virginia Electric & Power Co. · filed 2011-08-29

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. ... For the reasons articulated in this letter opinion, Respondent’s Demurrer is overruled, and Respondent’s Motion to Strike is denied.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Kramer v. Chase Home Finance, L.L.C. · filed 2011-09-27

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Yard Works, L.L.C. v. GroundDown Constructors, L.L.C. · filed 2012-08-28

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code Ann. § 8.01-273. ... Therefore, while not a typical subcontractor, Yard Works is a valid claimant under the code; and thus, Yard Works has alleged enough in its complaint to prevail against Safeco’s demurrer.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Horton v. Monroe · filed 2012-10-03

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

Waters v. CitiMortgage, Inc. · filed 2013-01-14

A party may file a demurrer upon “the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted.” Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Wright v. Dee · filed 2013-10-07

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code Ann. § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Wright v. BMC-NL, L.L.C. · filed 2013-10-17

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code Ann. § 8.01-273.

Section 8.01-273 permits a demurrer when a complaint fails to state a cause of action or facts supporting the requested relief.

Narayanswarup, Inc. v. Doswell Hospitality, L.L.C. · filed 2010-08-26

A complaint must state a cause of action or “state facts upon which the relief demanded can be granted.” Va. Code § 8.01-273. ... Plaintiff stated sufficient facts in the Complaint upon which the requested relief may be granted. Accordingly, Doswell’s demurrer on the basis of failure to state sufficient facts to support Plaintiffs claim that an agency relationship exists is overruled.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or supporting facts; a plaintiff need not name an unknown employee if the pleading identifies that person's relationship to the defendant and alleges sufficient facts.

Dobson v. Cedar Fair Southwest, Inc. · filed 2012-02-16

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Va. Code § 8.01-273. ... The Court holds that Plaintiff is not required to do more than identify the relationship between the unknown person and the Defendant to survive a demurrer.

Section 8.01-273 permits a demurrer to challenge a pleading that fails to state a cause of action or facts supporting the relief sought.

Law v. PHC-Martinsville, Inc. · filed 2014-10-02

There is, technically, no such thing as a “motion to dismiss” in Virginia civil practice. “[T]he contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.” Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

EMAC, L.L.C. v. Hanover County · filed 2014-11-12

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts upon which relief may be granted.

Thomlyn, L.L.C. v. Holladay Property Services Midwest, Inc. · filed 2015-05-22

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273. ... Assuming the factual allegations of the Complaint to be true and accepting any and all reasonable factual inferences fairly and justly drawn from them, the Court finds the Plaintiff has pleaded sufficient facts to state a proper cause of action for both counts of the Complaint.

Section 8.01-273 requires a court to sustain a demurrer when the pleading fails to state facts on which the requested relief can be granted.

Brown v. Seay Logging & Hauling, L.L.C. · filed 2014-02-09

A demurrer should be sustained when a “pleading falls to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273 (2013). ... Thus, while Plaintiff may not have adequate proof of such damages at trial, the Court finds that Plaintiff has alleged sufficient facts in its Amended Complaint that the question of punitive damages is appropriate for consideration by the jury.

Section 8.01-273 permits a demurrer when a pleading fails to state facts supporting the requested relief.

Griffin v. Cowser-Griffin · filed 2016-01-29

A demurrer admits the truth of all well-pleaded material facts and should be sustained when a “pleading fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273 (2013). ... As such, the allegations in the Amended Complaint are sufficient to state a cause of action against the Defendant and to survive the Demurrer.

Section 8.01-273 allows a demurrer to be sustained when a pleading, viewed in the plaintiff’s favor, fails to state a valid cause of action.

Murayama v. NISC Holdings, L.L.C. · filed 2010-09-13

A demurrer tests the legal sufficiency of a pleading and should be sustained if the pleading, considered in the light most favorable to the plaintiff, fails to state a valid cause of action.

Section 8.01-273 gives the court discretion to allow a plaintiff to amend a pleading after sustaining a demurrer.

Wilson v. Continental Cablevision of Richmond, Inc. · filed 1996-08-01

However, pursuant to Rule 1:8 and Va. Code Ann. § 8.01-273, the court has discretion to grant the plaintiffs leave to amend their Motion for Judgment. Accordingly, the court orders that the Plaintiffs have fifteen days from the date of the order sustaining the demurrer to amend the Tortious Interference with Contractual Relations claim.

Section 8.01-273 allows a demurrer to be sustained when a pleading states no cause of action or fails to state facts upon which relief can be granted.

Domurat v. Rupon · filed 1996-09-09

A demurrer shall be sustained if the plaintiff’s pleadings do not state a cause of action or fail to state facts upon which relief can be granted. Virginia Code § 8.01-273. ... Having measured the allegations of the complainants against the standard of review for a demurrer, the court will overrule the demurrer to the claim for a constructive trust on the monies alleged to be held by Virginia, Timothy, and Jeremy Rupon and will sustain the demurrer to the claim for a money judgment against those defendants.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

Johnson v. Commonwealth · filed 2000-02-09

Pursuant to Code § 8.01-273, a demurrer is to be sustained if a pleading “does not state a cause of action ... or fails to state facts upon which the relief demanded can be granted.”

Section 8.01-273 permits a court to sustain a demurrer when a pleading states no cause of action or fails to allege facts supporting the requested relief.

Almy v. Grisham · filed 2001-07-20

A demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

Fusilier v. Smith · filed 2003-07-07

Under generally accepted principles and specifically Va. Code § 8.01-273, a demurrer contends that a “pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted.” ... Because there are no allegations that Mr. Fusilier is in the custody of either Cpl. Smith or Cpl. Corbin, their Demurrer must be sustained.

Section 8.01-273 allows a demurrer to be sustained when a pleading fails to state a cause of action or facts supporting the requested relief.

Larsen v. Cannon/Hearthwood, L.P. · filed 2004-09-29

A demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 allows a demurrer to be sustained when a pleading fails to state a cause of action or facts supporting the requested relief.

Atlantic Futon v. Tempur-Pedic, Inc. · filed 2005-04-26

However, a demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

Doe v. Roe School · filed 2005-06-03

A demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer to be sustained when a pleading fails to state a cause of action or facts supporting the requested relief.

Sykes v. Brady-Bushey Ford, Inc. · filed 2005-10-27

A demurrer should be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 allows a demurrer when a pleading fails to state a cause of action or facts supporting the requested relief.

French v. York Int'l Corp. · filed 2007-02-27

However, a demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a court to sustain a demurrer when a pleading states no cause of action or lacks facts supporting the requested relief.

Kayes v. Keyser · filed 2007-03-08

However, a demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

Section 8.01-273 permits a demurrer to be sustained when a pleading states no cause of action or lacks facts supporting the requested relief.

Carlton Bridge Owners Ass'n v. Keyser · filed 2007-03-14

However, a demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.

A demurrer is sustained when a pleading states no cause of action or fails to allege facts supporting the requested relief.

Hartman v. Walker · filed 2007-04-05

However, a demurrer will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273.