Legal Question in Landlord & Tenant Law in California
How do I file a Demurrer? Do I need an attorney to file the Demurrer or is there a form I can fill out and file myself at court. Thank you.
2 Answers from Attorneys
Many courthouses have eviction defense clinics. You might avail yourself of their services. There also are eviction defense groups that, for a low cost, will help a tenant.
A demurrer is not a standard form. It is a motion that is based upon the particular allegations in the complaint. Not every complaint is susceptible to demurrer. A demurrer may only be filed if the complaint fails to state facts sufficient to constitute a cause of action, if parties are misjoined, or a few other reasons. Check out Code of Civil Procedure section 430.10 for a full list of grounds for demurrer. You might also visit a law library and ask the librarian where to find demurrer samples, particularly in the landlord-tenant context.
A demurrer is a drafted motion which must include points and authorites. I have drafted many in my 20 year career. I would be happy to review the issues and draft one for you if it is your best response for a reasonable fee. Contact me directly.
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