Sample Demurrer to Unlawful Detainer (Eviction) Complaint for California
This sample demurrer to an unlawful detainer (eviction) complaint for California is made under Code of Civil Procedure section 1170 and is used to object to a defective three day notice on the grounds that the 3-day notice alleged in the complaint is defective because of missing information such as the adresss where rent is to be paid and the usual days and hours in which rent may be paid, the rent amount is overstated, because the 3-day notice requests a late charge or the three-day notice fails to specify the exact conditions and covenants of the lease or rental agreement that have been violated.
The sample demurrer has just been updated as of January 17, 2017, contains an expanded and revised the memorandum of points and authorities, is 17 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.