Can Plaintiff address things not responded to in Defendants demurrer at a demurrer hearing will they b considered by the court?

Generally speaking, the court will only address the issues that are "before the court", meaning raised in the moving demurrer and the opposition to...

If the word "and" is a typo and the word should have been "in" is that enough to dismiss a cause of action due to CCP 430.10f ?

No, it is insufficient. A special demurrer for uncertainty will not result in a demurrer being sustained without leave to amend, ultimately...

Yes, documents filed with the court are public records. California Rules of Court, Rule 2.400(a) provides that all papers in the court files may...

Selected as the best answer

If I someone file a demurrer and they won despite not proving the legal requirement that they themselves state, what's next?

The purpose of a demurrer is not to examine the evidence, i.e. the proof, but rather to point out whether each of the causes of action alleged in...

My homeowners' association charge some addresses less than others for the landscaping and watering services.

I think you're probably out of luck. With respect to the disparate sharing of watering and landscaping costs, nothing in the language of...

Generally speaking, when a house is in escrow to be sold, the tenant continues to pay the landlord rent until the escrow closes. Here, even though...

Must Landlord allow me to sublet?

A landlord is not required to allow a tenant to sublease. He can do this based upon what the lease says. In fact, most rental agreements and...

Can a landlord charge a "non refundable Pet deposit?"

No. In California, the security deposit may be called last month’s rent, security deposit, pet deposit, key fee, or cleaning fee. However, no...

No, email delivery of a notice of change of terms of tenancy (California Civil Code section 827) is still not accepted in the State of California,...

What happens if my apartment lease term says it's a 1 year lease but the term dates are incorrectly listed for more than year?

Even if the lease is generically referred to as a one year lease, the specific terms regarding the duration controls. Therefore, you will be held...