Legal Question in Real Estate Law in California

From a legal standpoint you are speaking gibberish. You don't file a demurrer "based" on a complaint. You file a demurrer TO a complaint, and you can demur to pretty much any kind of complaint if you have a legally recognized basis to do so. So to ask if you can file a demurrer based on a malicious possession complaint is a meaningless question. As for a form, there are no form demurrers. You have to file a regular set of typed up motion papers on pleading paper format.

There is no form. Demurrers are governed by tricky rules.

With respect to the case against you, do you mean Malicious Prosecution? If so, I suggest you speak to an attorney, who may be able to file a Special Motion to Strike (known as a SLAPP) motion. If successful, it dismisses the case against you, and the other side has to pay your attorney's fees.

Send me a private e-mail if you want more information.