I am the landlord in U.D. Defendant filed a Demurrer which is set for 40 days away. I want to file an Ex-parte to shorten time for hearing of the Demurrer. From what I read though, the Ex parte is for use in true emergency cases and mostly in child custody matters matters where there is danger or risk of immediate harm, etc. I read CRC Rule 5.151 and it doesn't seem to help me. A self-help desk person at the court said I have an adequate remedy in waiting and getting a judgment and if I file for an emergency order because it's inconvenient for me to wait the 40-days, the judge would deny it. I don't want to go to a judge if I'm misusing the process. I was also told by a "Guardhouse Lawyer," that if I go for an emergency order with 2-3 days notice, I am denying the deadbeat tenant due process not giving her time to prepare a "meaningful" reply. Any ideas on which way to go?
You should consult with a landlord attorney in west hollywood as I believe they have some local rules that are tenant friendly. In general the demurrer is filed by a tenant if the landlords suit is without merit. I can not give an opinion as to whether or not the demurrer has merit or not without reading the original lawsuit. I assume you had the "Guardhouse Lawyer" draft your complaint, so the complaint may be deficient allowing for the demurrer. most rental agreements include a provision for attorney fees for the prevailing party so you do not want to lose this issue. It is time to see a real lawyer. Good luck with this.
If you find my answer is "HELPFUL" please mark it as such. I am not your attorney. The information provided is for general educational purposes only and is not intended to be legal advice. I am only licensed to practice law in California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
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