Legal Question in Civil Litigation in California

Hello, I filed a demurrer against the plaintiff. Its an unlawful detainer suit and I am the defendant. Unknown to me there is a defect in the three day notice, and I want to include that in my demurrer. Can I do this?

Also, how much difference in the amount of rent really matters. Lets say the landlord is asking for $650, when the rent was $630. Can I file a demurrer based on this. It's the $20 a big deal?

Thanks.


Asked on 1/05/11, 2:52 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't understand what you mean that there is a defect in the three day notice, but it is unknown to you. If it is unknown to you, how do you know about it?

Overstating the rent is a common defect that will cause a landlord to lose an unlawful detainer lawsuit. If, at trial, the court finds that the rent due at the time the three-day notice was served was less than the amount demanded int he notice, the landlord will lose the lawsuit. (See Ernst Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355.)

You can't demurrer based on your disagreement with the complaint. The defect must appear from the face of the complaint, and any exhibits attached to the complaint.

I strongly advise you to seek professional legal advice. Many courts have listings of numbers for tenant assistance agencies, that help tenants defend unlawful detainers.

Read more
Answered on 1/10/11, 3:15 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California