In California, at the outset of a lawsuit, a party can choose to make a motion to dismiss, which is called in California state Court a demurrer or a motion for judgment on the pleadings (if made after an Answer is filed).
However, when challenging the Complaint by demurrer, generally speaking you cannot contest the facts alleged in the Complaint as untrue. But, if key facts are not clearly stated but only inferred, then it can be challenged. Thus “essential facts appear only inferentially, or as conclusions of law” and so are ripe for this special demurrer. Johnson v. Mead (1987) 191 CA3d 156, 160, 236 CR 277, 280. Also, “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Blank v. Kirwan, 39 Cal. 3d 311, 318 (Cal. 1985).
Please note that depending on the time you read this note, this case law might have changed and it will not be updated. To get up to date legal advice, an attorney should be consulted based on your specific facts and the current case law, which changes over time.