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.
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