Questions about filing demure to summons and complaint unlawful detainer

Asked over 1 year ago - Orange, CA

I received a summons and complaint that was full of factual errors. Legal aid told me I should file demure, but they only handle answers. When searching online for how to prepare one, it seems there are general and special demur's, and not really a set form. Errors on face of complaint include the initial monthly rental amount, and also that the rental agreement was amended later to change the due date of my rent from the 3rd to the 1st day of the month. Neither is true, and I have paperwork to prove it. Finally the 3 day notice I was served was given too soon and is defective, however one with a different date that I never got was used in complaint. Do I attach proof of inaccuracies? Is there a website I can find a template for a demure? Thank you!

Attorney answers (2)

  1. Armen Taslakian

    Contributor Level 10

    Answered . 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. Note: Armen Taslakian is an attorney licensed in the... more
  2. Paul Francis Easlick

    Contributor Level 13

    Answered . 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.

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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