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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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.
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Case No.
NOTICE OF DEMURRER AND DEMURRER TO
COMPLAINT; MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
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To purchase and download the entire demurrer visit:
http://www.scribd.com/doc/25816455/Sample-Demurrer-to-Unlawful-
Detainer-Complaint-for-California
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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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.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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DATED: ___________________________________________________________________
___________________________, Defendant, In Pro Per
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

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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.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT