Free template to respond to a opposition to demurrer

Asked over 1 year ago - Los Angeles, CA

I need ti I know how to write a reply to opposition to demurrer. its for an eviction case. Thanks.

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    10

    Lawyers agree

    Answered . You probably won't be able to find one. A reply to an opposition is purely optional.

    Moreover, a reply probably won't make any difference in the outcome of the motion hearing. Courts have held that the manner of attacking a complaint that fails to state facts sufficient to constitute a cause of action for unlawful detainer is by motion to quash and not by general demurrer. (Delta Imports Inc. v. Municipal Court (1983) 146 Cal. App. 3d 1033, 1035-36.)

    Even though California Code of Civil Procedure ยง 1170 indicates that a defendant in an unlawful detainer action may "answer or demur," the courts have held that the "only" acceptable procedure to test whether a complaint states a cause of action supporting a five day summons is a motion to quash. (Id. at 1036; Greener v. Workers' Compensation Appeals Bd. (1993) 6 Cal.4th 1028, 1036.)

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    9

    Lawyers agree

    Answered . There is no "Template" for a reply to opposition since a reply is fact and/or law specific to the contents of the opposition papers being replied to. And if you were to find such a "template" it likely is not worth the paper its written on.

  3. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . Consult a lawyer or go to law library and look at the eviction defense manual.

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