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Hello, I have a civil case in Superior Court of California. I need to file demurrer. It is a breach of lease case.

Los Angeles, CA |

I would like to ask if anybody is interested to take my case and what is approx. fee.
Thanks a lot,

Monika Spruch

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Attorney answers 4


It would be very difficult to quote you an approximate fee without knowing the facts. Are you seeking an attorney to only handle the demurrer or your entire case? That would change the fee quote dramatically. Also, some demurrers can be quite simple and straightforward, while others can be much more involved, depending on the nature of the claims and/or the reasons for demurring to the complaint. You should schedule consultations with a few attorneys to discuss what type of representation you are looking for and what type of fees to expect. That way you can get an idea of how much various attorneys are quoting so you know what fees are acceptable and what are high, and you can choose from those attorneys who you feel most comfortable with, since cost is not always the most important factor. Of course, you need to give the attorneys sufficient time to prepare the demurrer before it is due. Make sure you do not miss your deadline. Good luck.

Michel & Associates, PC
(562) 216-4444

All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.


Without having read the complaint and its various causes of action, it is not possible to quote a fee for preparing a demurrer. Generally speaking, it is difficult to successfully demurrer to a breach of contract or breach of lease cause of action.

What is your goal? Is it to simply delay the litigation, or do you think it might be possible to knock out the entire cause of action (e.g. based on the statute of limitations or the statute of frauds)?

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.


Your question does not provide a lot of insight into your case, so it becomes very difficult to give you an answer. I will try to discuss some general information that might be helpful to you.

I am going to assume that you are the defendant in the breach of lease case because you say you need to file a demurrer. Of course, it is possible you are talking about a demurrer to an answer, but that is far more rare.

If you are a defendant, there are only two realistic ways you will be able to retain a lawyer to represent you - either on an hourly basis or a flat fee basis. Most attorneys who do the kind of law you are looking for work on an hourly basis. They will seek a deposit of money up front and then require that you pay money as work is performed. The amount of money they would seek for a deposit can vary widely among attorneys. The other way you MIGHT be able to retain an attorney is on a flat fee basis. Not many attorneys that handle breach of lease defenses will handle them on a flat fee. However, if you look hard and long enough you might find one willing to work on a flat fee, meaning they will take a precise sum of money to do a defines scope of work.

Of course, both approaches rely on the attorney's normal hourly rate. The hourly attorney will bill for all work done times the normal hourly rate. The flat fee attorney will estimate the number of hours he or she thinks it will take to get the job done and multiply that number times their normal hourly rate.

Hourly rates can vary widely based on several factors. The more experienced the attorney, the more efficient that attorney is, but the higher the hourly rate will be. The less experienced the attorney, the less efficient the attorney will be, but the hourly rate should reflect that by a far less hourly rate. Attorney hourly rates can run from as high as $1,000 or more per hour, and as low as $100 per hour. However the usual ranges are between $700 and $200 per hour.

You are more likely to find an attorney with a lower hourly rate at a small and medium sized firm, and much higher hourly rates at large firms.

The best way to locate an attorney that might handle your case is to "let your fingers do the walking" as the old yellow pages ad used to say. Find a list of attorneys and call them. You can do that on this site, looking for landlord-tenant attorneys, or other on-line sources. You can also try a lawyer referral service through a local bar association. You can also try a Google search for landlord-tenant attorneys.

I hope this helps. Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


why are you filing a demurrer to a breach of lease? What are your grounds? You need to talk to a lawyer ASAP.