Sample Demurrer to Unlawful Detainer Complaint for California

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Sample Demurrer to Unlawful Detainer Complaint for California Powered By Docstoc
					 1   Any Defendant
     Any Street
 2   Any Town, CA 55555

 3   714-555-5555

 4   Defendant, In Pro Per

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 8                                        Superior Court of the State of California

 9                                        For the County of _________________

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11   Any Plaintiff,                                       )   Case No.
                                                          )
12                     Plaintiff,                         )   NOTICE OF DEMURRER AND DEMURRER TO
                                                          )   COMPLAINT; MEMORANDUM OF POINTS AND
13            vs.                                         )   AUTHORITIES
                                                          )
14   Any Defendant, and DOES 1-5                          )   DATE:
                                                          )   TIME:
15                     Defendants.                        )   DEPT:
                                                          )
16                                                        )
                                                          )
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18            To subscribe to my FREE California weekly legal newsletter visit
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20   http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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     address. Be sure to remove this notice and all other notices before
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23   using this document.
24   NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
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     ________________________________________
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27                    TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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                                    NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1          PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as

 2   the matter may be heard, in Department ___of the above entitled court, located at
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     ___________________________________________, Defendant, _________________________,
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     will and hereby does move the Court for an order sustaining a general demurrer to the unlawful
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     detainer complaint filed by Plaintiff without leave to amend.
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 7          This demurrer is made pursuant to Code of Civil Procedure § 1170 on the grounds that the

 8   three-day notice served on Defendant is defective as it does not contain the information required by
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     Code of Civil Procedure § 1161(2), and further that the three-day notice overstates the amount of rent
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     due, and was served before the stated amount of rent became due, thus it is fatally defective and will
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     not support an unlawful detainer action, this demurer is also made pursuant to California Code of
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13   Civil Procedure § 430.10(e) on the grounds that the complaint fails to state a cause of action for

14   unlawful detainer due to the defective three-day notice.
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            This demurrer is based upon this notice of demurrer, the attached demurrer, the memorandum
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     of points and authorities, and upon such oral and documentary evidence as may be presented by
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     Defendant upon the hearing of the demurrer.
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20   DATED: ________________ ___________________________________________________
                                   ___________________________, Defendant, In Pro Per
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                             NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
 1                             DEMURRER TO PLAINTIFF’S COMPLAINT

 2          Defendant, __________________________ (“Defendant”) hereby generally demurs to the
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     unlawful detainer complaint filed by Plaintiff (“Plaintiff”) as follows:
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                                     FIRST GROUND FOR DEMURRER
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     1.     Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on the
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 7   grounds that the three-day notice alle
				
DOCUMENT INFO
Description: This sample demurrer to unalawful detainer complaint for California is used when the three-day notice alleged in the complaint is defective because of missing information, rent amount overstated, etc. A memorandum of points and authorities with citations to case law and statutes is included. The author is a freelance paralegal with over 14 years of experience in California civil litigation and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This document is also part of a package Over 30 Sample California Motions 32 Documents Included