“In order to withstand demurrer, notice pleading requires only allegations sufficient to inform defendants of the nature and character of the claim being made without the necessity of having to provide details.” Boy Blue, Inc.

7, 2008)(denying Demurrer re certain allegations, observing Virginia “is a notice pleading jurisdiction”). “As Virginia is a notice pleading state, even a flawed complaint will survive demurrer if it is drafted so that the defendant is on notice of the nature of the claim.” Lodal v. “ Rule 1:4 and correlative statutes represent ‘a radical departure’ from rules of common-law pleading”. It is hornbook that Virginia is a “notice” pleading state: “Every pleading shall state facts on which the party relied in numbered paragraphs, and it shall be sufficient if it clearly informs the opposite party of the true nature of the claim or defense.” Va. “t is unnecessary for the pleader to descend into statements giving the details of the proof in order to withstand demurrer” if the complaint informs the defendant of the nature and character of the claim. On demurrer, the issue simply is whether the Complaint alleges “sufficient facts to constitute a foundation in law for the judgment sought, and not merely conclusions of law.” Kitchen v.

378, 385 (2008)(Demurrer only “can be sustained if the pleading, considered in the light most favorable to the plaintiff, fails to state a valid cause of action as admitted the facts expressly alleged and those which fairly can be viewed as impliedly alleged or reasonably inferred from the facts alleged”)(emphasis added). “ Because a demurrer goes to a whole pleading to which it is addressed, it should be overruled if any part of the pleading states a cause of action upon which relief may be granted.” Doe v.

A demurrer is used solely to make “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.

Bill of particulars example virginia