Yes, the plaintiff landlord can make an ex parte application to advance the hearing date on the demurrer to complaint and ask that the court rule on the frivolous demurrer the same date. If the court grants the ex parte application and overrules the demurrer, however, the defendant(s) will typically be ordered to file an answer within five days.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.