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rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 42247
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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I had a motion to quash hearing on an unlawful detainer case

Customer Question

I had a motion to quash hearing on an unlawful detainer case this morning. I lost on procedural grounds but the judge said to "file a responsive pleading within five days." What does this mean? I want to file a demurrer against the "three days to quit" notice the landlord gave me ... Does this demurrer count as a "responsive pleading"? Thanks!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Expert:  rayanswers replied 1 year ago.

Hi I would file an answer here and a demurer.Both are responsive pleadings.The answer simply denies everything and puts it in dispute.The demurer raises any defects you see in their pleadings.Do both that way you are covered in case demurer is denied.

Expert:  rayanswers replied 1 year ago.

http://www.courts.ca.gov/documents/ud105.pdf

I appreciate the chance to help you tonight.

Customer: replied 1 year ago.
you think if I file the demurrer first -- and it gets denied -- I wouldn't then have the chance to file the answer?
Expert:  rayanswers replied 1 year ago.

Yes file both here.The answer covers if you are denied on the demurer.Cover all your bases here to put all is dispute.

Expert:  rayanswers replied 1 year ago.

Demurer forms

https://www.google.com/search?q=6california+demurer+form&ie=utf-8&oe=utf-8

If you can rate 5 stars it is always much appreciated,Good luck here,