Legal Question in Real Estate Law in California
Hello,
Unlawful Detainer Case with following facts: Plaintiff filed Summons and Complaint. Defendant responded with a demurrer within 5 days. Hearing set for late December. Plaintiff filed for Trial date set mid December. Which do I file: Ex Parte Application or Judicial Notice and Ex Parte Motion for more time to submit response? I have not filed a response and my demurrer has not been heard... Any help would be greatly appreciated. Thanks.
3 Answers from Attorneys
If you have a demurrer on calendar, the court clerk should not set a trial date. If indeed the clerk set a trial date prior to the hearing date of your properly filed and served demurrer, show up on the trial date and object.
I believe your demurrer is your response. You should have an attorney look at it, and depending on its contents, maybe enhance it or go to court to help you.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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I agree with Mr. Stone. The court should have never set the matter for trial, because it was not at issue. It would only be at issue if your demurrer was overruled and you then filed an answer.