Tenant Delays Motion to Strike/Demurre

[BTDT]

Jurisdiction

California

Hi,
I am a landlord trying to evict a tenant from a house in California (tenant at will, no lease, was an oral month to month agreement.) All my documents are in order at this point. We are at the Anwer stage. I overheard her talking with with her lawyer friend about using a 'Motion To Strike' before filing her answer. I know she is trying to delay the process. Any ideas what they may be plotting? What specifically could they possibly be alleging/wanting to strike? 2. Another landlord said I should be prepared for a 'Demurre,' but I don't even know specifically what to watch for. What specifically would they try to use to demurre me for? I am trying to avoid an attorney until the last minute due to budget. Thanks in advance.

 

[adjusterjack]

The answers are the same as the ones you got at:

Motion to Strike/Demurre tenant delays?

 

[zddoodah]

Any ideas what they may be plotting?

Ummm...according to you, they are "plotting" to file "a 'Motion To Strike' before filing her answer" in order to "delay the process." Does this question mean something beyond that?

What specifically could they possibly be alleging/wanting to strike?

See Code of Civil Procedure section 435, et seq. We obviously know no specifics about your case.

Another landlord said I should be prepared for a 'Demurre,' but I don't even know specifically what to watch for. What specifically would they try to use to demurre me for?

The word is demurrer (a noun, and the verb form is to demur). Demurrers are governed by section 430.10, et seq. of the Code of Civil Procedure. However, there are no demurrers in unlawful detainer cases, so maybe you should consider hiring an attorney in lieu of taking advice from an acquaintance who obviously doesn't know what he/she is talking about. The cost savings won't be of much benefit if you screw things up because you don't know what you're doing.

 

[Highwayman]

Your tenant has an "attorney friend" to help - I assume that's a real, licensed legal professional.

You need to get yourself an attorney. You're in over your head. The more of a mess you create to more it will cost you to fix.

 

[Tax Counsel]

However, there are no demurrers in unlawful detainer cases, so maybe you should consider hiring an attorney in lieu of taking advice from an acquaintance who obviously doesn't know what he/she is talking about.

What is your basis for saying that demurrers cannot be filed or obtained in an unlawful detainer case? Civil Code section 430.41(d)(2) states that "this section," i.e. section 430.41 does not apply in unlawful detainer cases. But § 430.41 is a section that simply imposes a requirement to confer prior to filing the demurrer. Thus, there is no requirement to confer with the other side before filing a demurrer in an unlawful detainer case, but I see nothing that says a demurrer cannot be filed or cannot be obtained in an unlawful detainer case.

 

[BTDT]

Thank you for setting zddoodah straight Tax Counsel. Much appreciated. This point is very clear in the law.