The party filing a demurrer cannot challenge the facts of the pleading. A demurrer is rather used to tell the court, that even if the facts are as the plaintiff presents them, he does not have a cognizable claim. The facts are ascertained during trial. You should consult with an attorney when drafting motions. They can get technical.
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Hope this helps!
Armen Taslakian. 818. 937.3590. www.TaslakianLaw.com. Note: Armen Taslakian is an attorney licensed in the State of California. The answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.
A demurrer serves no practical purpose except in the rare case where you can get it sustained without leave to amend. Otherwise all it does is give you a few extra days and tells the landlord how to clean up his case before he goes to trial. Even if you could prevail on a demurrer in your case, all that will happen is the landlord will re-file and do it right the next time. Usually it is better to lie low and let the matter go to trial and hit the plaintiff with your defenses there. i stronlgy recommend you consult with counsel before you make a decision. Note you have five days or fifteen days to file a demurrer or an answer, depending upon how you were served. Don't delay, consult counsel immediately.