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Demurrer to an Answer: If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer.
What happens after unlawful detainer in California?
Normally, a judge will hear and decide the unlawful detainer case within 20 days after the tenant files an answer. The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant.
How must an unlawful detainer be served in California?
If the court gives you permission, the process server posts a copy of the summons and complaint at the property in a way that the tenants most likely to see and sends a copy by certified mail to the last place the defendant lived. This service is complete 10 days after you post and mail.
How many days do you have to respond to an unlawful detainer in California?
After your tenant is served the Summons and Complaint forms, they have 5 days to file a response with the court. The 5 days dont include Saturdays, Sundays, or court holidays.
Can you appeal an unlawful detainer Judgement in California?
If you wish to appeal an unlawful detainer ruling, file your appeal in the court location where the original proceeding was heard. For more information on Unlawful Detainer (Landlord/Tenant), visit our Landlord/Tenant page. Additional information is also available on the California Courts Self-Help Center website.
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People also ask
What happens after unlawful detainer in California?
Normally, a judge will hear and decide the unlawful detainer case within 20 days after the tenant files an answer. The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant.
How do you respond to an unlawful detainer in California?
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord cant evict you and tell your side of the story at a court trial.
What is a demurrer in unlawful detainer?
A demurrer is filed when the defendant states that the plaintiff did not have enough in the eviction notice or in the Complaint to justify an eviction. Demurrers may delay the case by a few weeks, and if the defendant wins, the plaintiff may have to start the case all over.
What are the grounds for demurrer California?
A special demurrer directed at a complaint (or cross-complaint) may be based on any of the following grounds: Lack of legal capacity to sue. Separate action pending between the same parties on the same causes of action. Defect or misjoinder of parties.
How do you respond to an unlawful detainer notice in California?
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord cant evict you and tell your side of the story at a court trial.
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