Legal Question in Landlord & Tenant Law in California

I filed an unlawful detainer case in Pasadena, CA strictly for non payment of the rent. It appears that this tenant went to a paralegal and then filed his demurrer to my complaint rather than filing an Aswer. I did not get anything in the mail about this but I found out about it when I went and checked court file. I see proof of service by mail, perhaps by this paralegal, but he never mailed it to me. I have a hearing date on October 15, 2013 according to this Notice of Hearing on Demurrer that I saw in court file. Is this proper? And what do I need to prepare for this hearing next week? Thank you so much.


Asked on 10/07/13, 2:55 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

My best advice to you is to either amend your unlawful detainer complaint, or file an opposition to the demurrer. I would have to see those papers in order to tell you which choice is appropriate.

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Answered on 10/07/13, 5:48 pm
Kelvin Green The Law Office of Kelvin Green

Was you three day notice defective? A demurrer can be filed under CCP 1170. They should give you 16 day notice plus 5 days for mailing... But you now know about it so you do have some notice. Mr Roach is right either amend the complaint or oppose the demurrer. I would add do not miss this hearing...

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Answered on 10/07/13, 8:06 pm


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