This document is a sample demurrer to an eviction complaint in California. It summarizes that the demurrer argues that the three-day notice served to the defendant failed to include required payment information, overstated the amount of rent due, or was served before the rent was actually due. These issues make the three-day notice defective and mean it cannot support an unlawful detainer action. The demurrer asks the court to sustain it and dismiss the complaint without leave to amend.

1. 9/3/2014 Sample California demurrer to eviction complaint
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Sample California demurrer to eviction complaint
by LegalDocsPro
on Feb 15, 2013
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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 ...
Sample California demurrer to eviction complaint
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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
‹ ›
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5. 9/3/2014 Sample California demurrer to eviction complaint
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. 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 20 documents including a motion to quash, the entire
demurrer, a motion to strike, answer and more for only $49.99 visit http://pul.ly/b/67303 or
http://wwwegaldocspro.com/downloads.aspx 1NOTICE 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. 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. 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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