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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17898
Experience:  B.A.; M.B.A.; J.D.
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Does it cost anything to ask? california, no, i haven't

Customer Question

does it cost anything to ask?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: i haven't asked the question yet
Submitted: 5 months ago.
Category: Legal
Expert:  Phillips Esq. replied 5 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

Yes, this site is pay for service site.

What is your question?

Thank you for your cooperation,

Customer: replied 5 months ago.
Hi. Do you have expertise in Unlawful Detainer cases? If not, could you transfer me to a lawyer who does? (I haven't asked the question yet). Thanks!
Expert:  Phillips Esq. replied 5 months ago.

Yes, I do. What is your question?

Customer: replied 5 months ago.
I filed a motion to quash but I realized I made a mistake (in the motion I filed I said the plaintiff mailed the summons but did not post or give it to me, but then later I realized that I was actually responding to the court document and then the plaintiff DID post the summons on my door but never mailed it. Can I amend or refile the motion to quash now, even though I already have a hearing date for it?
Also -- I know I want to file a demurrer (because they gave me a 3 Days To Quit notice even though my offense was curable (I rented my apartment on airbnb once and by the time I returned home there was a 3 Days To Quit notice on my rent-controlled apartment). So I want to file a demurrer against the notice, but I'm afraid if I lose the motion to quash, the plaintiff's attorney will ask for "answer only" and I won't be allowed to file a demurrer at that time. Should I file the demurrer now, before the motion to quash hearing?
Thank you for your help!
Expert:  Phillips Esq. replied 5 months ago.

Thank you for the information:

I filed a motion to quash but I realized I made a mistake (in the motion I filed I said the plaintiff mailed the summons but did not post or give it to me, but then later I realized that I was actually responding to the court document and then the plaintiff DID post the summons on my door but never mailed it. Can I amend or refile the motion to quash now, even though I already have a hearing date for it?

Response 1: You can amend it. However, if the other party has already responded to your Motion to Quash, you have to obtain leave of Court in order to amend it. That means you have to both file Motion for Leave to Amend along with your Amended Motion. So that if the Court allows your Motion for Leave, your Amended Motion would be accepted for filing.

Also -- I know I want to file a demurrer (because they gave me a 3 Days To Quit notice even though my offense was curable (I rented my apartment on airbnb once and by the time I returned home there was a 3 Days To Quit notice on my rent-controlled apartment). So I want to file a demurrer against the notice, but I'm afraid if I lose the motion to quash, the plaintiff's attorney will ask for "answer only" and I won't be allowed to file a demurrer at that time. Should I file the demurrer now, before the motion to quash hearing?

Response 2: The Rules State that you must file Motion to Quash the Summons challenging the Court's jurisdiction of the case before filing a Demurrer. Here is a useful site on the subject.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 5 months ago.
Is it true I actually have 15 days to do all this, since they served me by posting the summons (and didn't serve me personally)? Thank you!
Expert:  Phillips Esq. replied 5 months ago.

Yes. Also click here for more information.

Customer: replied 5 months ago.
Do you think it's likely the judge will do "answer only" at the motion to quash hearing, taking away my right to file a demurrer (which I think I have a strong case for)? If so what should I say? Thanks!
Expert:  Phillips Esq. replied 5 months ago.

Unfortunately, I cannot speculate on what the Judge would do.

Customer: replied 5 months ago.
If my case drags out in court beyond the 60 days that the unlawful detainer is hidden from public record in Los Angeles county, will it be public? Even though I haven't lost the case yet and am still fighting it in court?
Expert:  Phillips Esq. replied 5 months ago.

No, it will not be.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.