Legal Question in Landlord & Tenant Law in California

I am the defendant (In Pro Per) in an unlawful detainer action. I filed a motion to quash. Do I attend the hearing for the motion? Can I withdraw the motion and file a demurrer instead? Can I withdraw the motion the day of the hearing?

Asked on 10/19/15, 8:07 am

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Generally, you should attend the hearing for any motion you file. If you appear at the motion whether it is granted or not, you will probably end up getting served. You can withdraw the motion and file a demurrer. It is better to withdraw it well before the hearing and let the other side know, otherwise the court will not be happy with you, and you could be subject to sanctions.

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Answered on 10/20/15, 8:56 am

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