Legal Question in Civil Litigation in California

do i need an attorney to file a demurrer in civil detainer case?


Asked on 8/26/10, 8:32 am

4 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

If you are appearing in the case as an individual, you do not need an attorney, although I would strongly suggest that you consult an attorney before filing the demurrer. There are requirements for how the demurrer needs to be formatted, and, quite often, a demurrer is filed concurrently with a motion to strike.

If you are appearing in the case as a corporation, LLC, trust, or other representative capacity, you must have an attorney.

If you need some help, you can contact my office at [email protected].

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Answered on 8/31/10, 8:41 am
Terry A. Nelson Nelson & Lawless

Not if you know how to research and prepare it properly and effectively. If you don't, then you should hire an attorney who does.

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Answered on 8/31/10, 10:43 am
Edward Hoffman Law Offices of Edward A. Hoffman

You are not legally required to get a lawyer. But unless you know a lot more about the law than most laypeople, it would be very unwise to try this on your own.

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Answered on 8/31/10, 12:30 pm

You only need a lawyer if you are sued as a business other than a sole proprietorship, or if you want to win. Demurrers are pure law by definition. No facts allowed except what is stated on the face of the complaint. Most lawyers lose most of their demurrers.

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Answered on 8/31/10, 4:55 pm


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