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First, “[a] demurrer tests the legal sufficiency of facts alleged in pleadings, not the
strength of proof. We accept as true all facts properly pleaded in the . . . complaint and all
reasonable and fair inferences that may be drawn from those facts.” Lewis v. Kei, 281 Va. 715,
719 (2011) (alterations in original) (quoting Glazebrook v. Bd. of Supervisors of Spotsylvania
Cnty., 266 Va. 550, 554 (2003)). On the other hand, a plea in bar “does not point out the legal
insufficiency of allegations[,] but rather demonstrates their irrelevance because of some other
dispositive point—usually some affirmative defense[.]” Cal. Condo. Ass’n, 301 Va. at 20
(citation omitted). In order to do so, pleaders must present new evidence. 1 Friend, supra,
§ 8.01-4.
There is a distinction between a demurrer and a plea in bar; a demurrer invokes a
pleading standard while a plea in bar invokes an evidentiary standard. Here, the circuit court
found that, on its face, Cline’s complaint adequately pled malicious prosecution, which led it to
overrule Officer Riley’s demurrer. However, the circuit court found that appellees presented
sufficient evidence—the exhibits attached to their responsive motions—to succeed on their
defense of intervening and superseding findings of probable cause, operating as a bar to the
malicious prosecution claims. In finding so, it granted Officer Riley’s plea in bar. These
procedural outcomes are not inconsistent. Therefore, it was not error for the circuit court to both
overrule the demurrer and grant the plea in bar.13
CONCLUSION
For the foregoing reasons, we affirm the judgment of the circuit court.
Affirmed.
13 Accordingly, because the circuit court correctly granted appellees’ pleas in bar and
correctly dismissed Cline’s complaint, we do not address Cline’s argument challenging the
circuit court’s sustaining Chief Drew’s demurrer nor Officer Riley’s argument challenging the
circuit court’s overruling her demurrer. Jump to an indexed page (13 of 13)