Defendant's motion to dismiss for failure to state a claim (demurrer) is used when there is a technical error in plaintiff's lawsuit, such as the case being filed in the wrong court. Such motions do not concern the adequacy of the claim itself.

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Defendant's motion to dismiss for failure to state a claim (demurrer) is used when the defendant believes that the plaintiff has failed to state a claim that is legally sufficient to require further action by the court. This means that the defendant is arguing that even if everything the plaintiff alleged is true, the law does not provide a remedy for the harm alleged. It is not used for technical errors in the lawsuit.

Defendant's Motion to Dismiss for Failure to State a Claim