I need to file a demurrer in unlawful detainer case but only have 7 court days until the hearing. Can I still file?

Asked 4 months ago - Escondido, CA

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The landlord did not properly serve 3 day notice as required by law. This was defined in the answer, but the landlord was still granted a hearing / trial.

Just now, they have just served another 3-day pay or quit notice (i assume to do it properly) but there is still a hearing set. Thoughts, ideas?

Additional information

Also; if I cannot do anything at this point and assuming I am still going to the hearing unable to get a demurrer - how do I request discovery of proof of service (that I know they cannot provide)

Attorney answers (1)

  1. Licensed in CA

    San Marino Real Estate Attorney
    Contributor Level 20

    1

    Lawyer agrees

    Answered February 05, 2013 23:17. Your question is a bit cryptic. Generally speaking, a demurrer is not permitted in an unlawful detainer lawsuit. Moreover, improper service of the 3 day notice would be raised in the answer but would not be grounds for a demurrer.

    The landlord can decide to proceed with the currently pending unlawful detainer trial. Or, the landlord can decide to dismiss the currently pending unlawful detainer and re-file a new complaint for unlawful detainer based upon the newly served 3 day notice to pay or quit.

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

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