Legal Question in Real Estate Law in California

Re: Amending a answer to unlawful detainer

An answer can be amended once as a matter of right without the court's permission if done within the time for demurrer to an answer, i.e. within 10 days, or after a demurrer has been filed but before the hearing on that demurrer. Code of Civil Procedure section 472.

The 10-day period mentioned is reduced to five days if the amended answer will be filed after the court has ruled on a demurrer or motion to strike, except for good cause shown.

Otherwise, an answer may be amended only with the court's permission. See CCP section 473.

The interdependence of the right to amend and the filing or hearing of a demurrer is because a demurrer frequently discloses defects in a pleading for which an amended pleading is the necessary and proper response.