Legal Question in Landlord & Tenant Law in California

what is a demurer in an unlawful detainer lawsuit?


Asked on 1/08/12, 9:48 pm

2 Answer from Attorneys

A demurrer in any lawsuit is a motion that is filed instead of an answer to the complaint. To be successful, the motion must argue and prove that the complaint, standing by itself and accepted as entirely true for the sake of argument, would result in a judgment for the defendant as a matter of law. If granted, however, it is almost always with leave to amend to correct whatever is wrong with the pleading. So it rarely if ever accomplishes anything in the end.

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Answered on 1/08/12, 10:00 pm


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