Legal Question in Wills and Trusts in California
Answer to Civil Complaint
Is a Demurrer a good prerequisite to an answer to a Civil Complaint concerning a Real Estate Elder Abuse which never happened
3 Answers from Attorneys
Re: Answer to Civil Complaint
A demurrer tests the adequacy of the complaint. It says in essence, even if everything alleged in the complaint were true there is no case.
Re: Answer to Civil Complaint
The attorney you retain to defend the lawsuit will be able to decide the best course of action. Or you can attempt to defend the lawsuit by yourself, and you will very probably lose, even if the incident "never happened."
You could try calling your homeowners' or renters' insurance carrier and asking them if the lawsuit is covered, if so they will provide you with a free lawyer.
Remember, you have only 30 days from the date you were served to file and serve responsive legal papers, or else you will lose by default.
Re: Answer to Civil Complaint
Maybe not. After a demurrer they are allowed to amend, generally. Demurrer only lies when what was pled does not constitute a case; not, just, its just not true.
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