Legal Question in Real Estate Law in California

demurre

Can a demurre be used to answer an Unlawful Detainer when there is evidence to be presented for Wrongful Foreclosure and negligence on the part of a mortgage lender?


Asked on 10/02/08, 12:10 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: demurre

Demurrers are only available (and used) to challenge the sufficiency of the complaint. You can not present evidence; a demurrer simply says, essentially, "so what, even if everything in the complaint is true, I am not liable." They are typically used to show a cause of action fails to state one or more elements of a cause of action, to show that on it's face the complaint is barred by the statute of limitation, or some other legal argument.

You should probably spend the money (and time) talking to a lawyer in your area whose practice emphasizes real property to determine what your options are. However, you only have 5 days to respond to the complaint or the plaintiff will enter your default.

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Answered on 10/02/08, 1:22 pm


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