Eviction Notice Demurrer

[andyply1]

Jurisdiction

California

Can a plaintiff refile an unlawful detainer prior to a court hearing on a demurrer to complaint

 

[army judge]

Can a plaintiff refile an unlawful detainer prior to a court hearing on a demurrer to complaint

I'm unclear what you're asking, so here goes nothing.

In unlawful detainer actions, a demurrer to the complaint must be filed and served within 5 days after service of the complaint. (Code Civ. Proc. §§ 1167, 1170.)

A demurrer to an answer must be filed within 10 days after service of the answer. (Code Civ. Proc. §§ 430.40(b).)

 

[adjusterjack]

Can a plaintiff refile an unlawful detainer prior to a court hearing on a demurrer to complaint

Obviously he CAN do it if he DID do it.

What are you really asking?

 

[C-Note]

Can a plaintiff refile an unlawful detainer prior to a court hearing on a demurrer to complaint

I think it is called 'Amending the Complaint'. A Plaintiff should have the right to amend a Complaint/Unlawful Detainer in response to a Demurrer, in an attempt to render the Demurrer moot.