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Free template to respond to a opposition to demurrer

Los Angeles, CA |
Filed under: Litigation

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

Attorney Answers 3


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 § 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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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

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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.

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