Sample California demurrer to eviction complaint

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This sample California demurrer to unlawful detainer complaint is used when the three-day notice alleged in the complaint is defective because of missing information such as adresss where rent is to be paid, rent amount overstated, etc. The demurrer contains a memorandum of points and authorities with citations to case law and statutory authority along with a proof of service by mail. The author is a freelance paralegal who has worked in Califorjnia and Federal litigation since 1995 and has used this sample for many years.

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Sample California demurrer to eviction complaint

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Defendant Any Street Any Town, CA 55555 714-555-5555 Defendant, In Pro Per Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: To subscribe to my FREE California and Federal weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To purchase and download the entire demurrer visit: http://www.scribd.com/doc/25816455/Sample-Demurrer-to-Unlawful- Detainer-Complaint-for-California - 1 - NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To purchase the California eviction document package containing 25 documents including a motion to quash, the entire demurrer, a motion to strike, answer and more for only $69.99 visit http://legaldocspro.net/california-eviction-litigation-document-package/ NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT ________________________________________ TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as the matter may be heard, in Department ___of the above entitled court, located at ___________________________________________, Defendant, _________________________, will and hereby does move the Court for an order sustaining a general demurrer to the unlawful detainer complaint filed by Plaintiff without leave to amend. This demurrer is made pursuant to Code of Civil Procedure § 1170 on the grounds that the three-day notice served on Defendant is defective as it does not contain the information required by Code of Civil Procedure § 1161(2), and further that the three-day notice overstates the amount of rent due, and was served before the stated amount of rent became due, thus it is fatally defective and will not support an unlawful detainer action, this demurer is also made pursuant to California Code of Civil Procedure § 430.10(e) on the grounds that the complaint fails to state a cause of action for unlawful detainer due to the defective three-day notice. This demurrer is based upon this notice of demurrer, the attached demurrer, the memorandum of points and authorities, and upon such oral and documentary evidence as may be presented by Defendant upon the hearing of the demurrer. - 2 - NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: ___________________________________________________________________ ___________________________, Defendant, In Pro Per - 3 - NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEMURRER TO PLAINTIFF’S COMPLAINT Defendant, __________________________ (“Defendant”) hereby generally demurs to the unlawful detainer complaint filed by Plaintiff (“Plaintiff”) as follows: FIRST GROUND FOR DEMURRER 1. Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on the grounds that the three-day notice alleged in the complaint fails to include the payment information required by Code of Civil Procedure § 1161(2), thus the complaint on its face fails to state a cause of action in unlawful detainer based on non-payment of rent, or any other cause of action in unlawful detainer. SECOND GROUND FOR DEMURRER 1. Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on the grounds that the three-day notice alleged in the complaint overstates the amount of rent due, thus it is fatally defective and will not support an unlawful detainer action. THIRD GROUND FOR DEMURRER 1. Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on the grounds that the 3-day notice alleged in the complaint was served before the stated rent amount became due, thus it is fatally defective and will not support an unlawful detainer action. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Remember that any missing information from the three-day means it is defective and will not support an unlawful detainer action. - 4 - NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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