Legal Question in Landlord & Tenant Law in California

If I know a landlord is going to file a U.D.against me at the termination of a 60 day notice I received, can I file a demurrer early or should I wait until I receive a U.D. first ?


Asked on 7/21/17, 1:05 pm

1 Answer from Attorneys

It seems you do not understand what a demurrer is. A demurrer is a motion for a court order that a complaint be amended or dismissed because even if everything in it is true, and even without regard for any possible defenses, it wouldn't entitle the plaintiff to win as a matter of law. So if you think about it you should see that it is impossible to file a demurrer until you have received the complaint and know whether or not it alleges facts that constitute a cause of action or not. That is true in all civil cases, including UD.

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Answered on 7/21/17, 1:20 pm


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