Legal Question in Landlord & Tenant Law in California
Can a motion to Dismiss and motion to strike be considered the same, for Unlawful Detainer, in California?
I filed a "motion to dismiss", based on false allegations, claims, vague and insufficient into for a Response. (a motion for more definite statement was previously rejected. as "not allowed in Calif")
Will the Judge DEFAULT for eviction or simply order to file an Answer?
1 Answer from Attorneys
You have failed to file a recognized responsive pleading. A motion to strike cannot be made on the grounds you state. It must attack a defect in the nature of the pleading itself, not the contents, and a “motion to dismiss” is not recognized in CA state court (unless a case has sat dormant for over three years). So it is quite possible the court will enter a default for failure to file an actually responsive pleading to the complaint.
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