A demurrer must also include a notice of hearing.
Stan in your property?). Order and estimated time for each witness. aidorable face reveal; rotary vane pump vs centrifugal pump; angeles crest highway accident today 2022; Related articles Forces you to organize your case in advance and make sure you do not overlook any essential points of law. (e.g. The California Courts Self Help Center allows you to download forms and information regarding unlawful detainer actions. For purposes of authentication, better practice to have someone who isnt trial counsel take the photos. The sole issue raised by a general demurrer is whether the facts pleaded state a valid cause of action--not whether they are true. 10 Can they get fired for asking for too much time off? JOSEPH VINCENT CASTAGNA, Plaintiff(s), vs. CITY OF LOS ANGELES, ET AL., Defendant(s). [TENTATIVE] RULING RE: One or two word search terms work best. Similar to Motion for Nonsuit (like a demurrer), May be made orally and without notice, outside the presence of the jury, Three-fourths of jury must agree: concurrence of at least nine on a 12-member jury is required to render a general or special verdict. Complaining witnesses: neighbors with first hand knowledge of defendants conduct that breaches lease or creates a nuisance, victims of defendants conduct(e.g., I live next door and I hear a dog barking in their apartment all day long.). Some judges will give you a brief summary on how they conduct voir dire, what method of selection they use, how much you have for questions, and how they will handle challenges for cause. Order Approving Compromise of Disputed Claim, JOHN CHUNG ET AL VS VISTA HOSPITALITY INC ET AL, JOSEPH VINCENT CASTAGNA VS CITY OF LOS ANGELES, ROXANA ELIZABETH GUERRA ET AL VS BUBBLES BAKERIES INC ET AL. (CCP 430.41(a)(2).) Interview neighbors and household members. If the demurrer is fairly simple, you may want to verbally present an opposition at the hearing. And a Demurrer admits the plaintiff's interpretation of a contract, even if the contract is ambiguous. Defendants. or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be You will lose the information in your envelope, KEATING V. LAGUNA HILLS HEALTH AND REHABILITATION CENTER. 5. Keep it conversational. (CCP 1170.8). If any of your witnesses refuse to appear voluntarily, they must be subpoenaed. Webnancy spies haberman kushner. or cross-complaint shall not be amended more than three times, absent an offer to 1 Counsel must come to trial assignment prepared to start trial. A tenants motion to quash in a California eviction may be filed for a couple of different reasons: WebFull discovery is permitted in all unlawful detainer proceedings. You can use polling questions. (CCP 430.10(a)-(g). (CCP 438(g)(1).) You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. Art. They are currently arriving within 30 minutes of purchase. For full print and download access, please subscribe at https://www.trellis.law/. Court Reporters Board of CA: Transcript Reimbursement fund can cover the cost of transcript of deposition or Court proceedings. JUDY ANTONETTE V. CLIFF VIEW TERRACE, INC. TEN30 STUDIOS, INC., ET AL. I just want to get it over with.. 086 079 7114 [email protected]. 1:30 p.m. See: http://www.courtreportersboard.ca.gov/licensees/trfguide.shtml. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Code enforcement: Obtain copies of inspection reports and orders. and confer in person or by telephone with the party who filed the pleading that is Plaintiff is (1) (2) (3) (5) b. (CCP 170.6). If you are author or own the copyright of this book, please report to us by using this DMCA report form. You don't indicate the date when the Demurrer is noticed for hearing.
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!*;-T~N!*)R4i'NLCv6j4iNLAMs;?NAO)p If parties need more time to complete discovery, include discussion of trial continuance in meet and confer process. VS CITY OF BURBANK, ET AL. Civil Code 1942.5(a): If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, or has made an oral complaint to the lessor regarding tenantability; (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability; (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice (CCP 1942.5(a)). how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. The sole issue raised by any demurrer is the legal sufficiency of the allegations. endstream
Some judges will require a full set of customized CACI instructions as opposed to a list of instructions to be used. The parties are to meet and confer at least five days before the date the responsive pleading is due. Waiver by failure to timely demand within five days of the Notice of trial setting.
Accessing Verdicts requires a change to your plan. WebA defendant in an unlawful detainer (eviction) proceeding in California may file a demurrer to the complaint. resolving the objections raised in the demurrer. The 30-day extension shall commence from the date the responsive pleading was previously (Cal. Governor of the State of California; Division of Oil, Gas & Geothermal Resources, STEVEN BOHLEN, in his official capacity as California Oil and Gas Supervisor, Defendants. Meet and Confer declaration and separate statement required to compel further answers (CRC 3.1345). |v&p%uduON:bQu67>6@n/.|0\7XHwbCn M1]~)1l>kvZhq^}c6Qt$H.xhW1 @fI_GJ!e#+
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juEXFBtF'C:%v1aaHTI; See Code of Civil Procedure 1170. See Code of Civil Procedure section 430.80. %PDF-1.3 (Blank v. Kirwan (1985) 39 Cal.3d 311.) Motion to preclude retaliation defense in non-payment cases. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.)) E-file California: https://california.tylerhost.net. Even if a demurrer is sustained, leave to amend the complaint is routinely granted. Time Estimates: A jury trial in a simple unlawful detainer action will usually take two to three days. December 2019. ====== 191 ====== If a conference is held, the court shall not preclude a party from filing a demurrer Like challenging a trial judge, refusal to stipulate should be a careful decision. Issues such as whether the allegations are true, whether or not the plaintiff will prevail, or whether they have evidence to support the allegations cannot be considered in ruling on a demurrer. Click the on our main page to search for what you are looking for. How long does it take you to respond to tenant requests for repairs? You will typically need your witnesses to be available by the afternoon of the first day of trial. Uploaded by: Stan Burman. (1)The Legislature finds and declares that the state, its agencies and political PEOPLE OF THE STATE OF CALIFORNIA V. WOODIN, RICHARD J. KROOP, AN INDIVIDUAL VS. BAYVIEW LOAN SERVICING. Special statutes shorten the normal discovery time-frames otherwise applicable in general civil actions. not further amended, the demurring party preserves its right to appeal after final See Code of Civil Procedure 1170. Web22 unlawful detainer action as it fails to state a cause of action for unlawful detainer as it 23 USE THE FIRST EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO PAY RENT 24 OR QUIT THAT IS DEFECTIVE IN SOME WAY 25 does not contain the information required by Code of Civil Procedure 1161 (2), and that the three- 26 with legal support the basis of the deficiencies. Requesting use of a special verdict form is recommended, to enable the tenant to shield future claims by the landlord, or appeal a judgment if necessary. Would the primary defenses make common sense to a non-lawyer, or are they more technical?
Presence of other non-party witnesses in the courtroom during trial. Your client: Jurors always want to hear from the defendant. Your alert tracking was successfully added. Courts are very liberal in permitting amendments, not only where a complaint is defective in form, but also where substantive defects are apparent. WebThis paperwork challenges mistakes in the Complaint, of which there are almost always some. A demurrer must be filed within 5 days after service of the summons. opposition to demurrer unlawful detainer california sample http://www.courtreportersboard.ca.gov/licensees/trfguide.shtml, www.courts.ca.gov/programs-interpreters.htm. Demurrer | California Tenant Law Demurrer View All Services > This section concerns a Demurrer to the Complaint or Cross-complaint, and a Motion to Strike the Complaint, or Cross-complaint. Motion may be oral or written, without prior notice. [$ *jn}3IO>pQhF47@ q=thW\FZW@Ih^$.Hj8# Practice at least twice with your client (for both direct and cross). WebThis demurrer is made pursuant toCal. When is an opposition to a demurrer due (California-unlawful detainer) Avvo Rating. Web6.01 Demurrer 6.02 Motion to Quash Service or Stay Action it can be used to contest personal jurisdiction where the 5-day summons is not supported by the complaint for unlawful detainerthe complaint does not allege the required elements. If you have client control issues or if their credibility could be questionable in front of a jury. CCP 1170.7; Cal Rules of Ct 3.1351 (a). You should grant or deny summary judgment on the same basis as a motion for summary judgment in any other civil action. <>stream
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Case No. In Moore v. Regents of the University of California (1990) 51 Cal.3d 120, a A presiding judge will often require the parties to see a settlement judge before assigning a trial judge. Actually review the responses you receive. Get your documentation completed. Please wait a moment while we load this page. income)? Do you want to use this article on your website, blog or e-zine? (CRC 3.1580; CCP 624). state, or federal correctional institution.
The CCP 1013 extensions for mailing apply. the responsive pleading is due, the demurring party shall be granted an automatic The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. 25816455-Sample-Demurrer-to-Unlawful-Detainer-Eviction-Complaint-for-California.pdf. Bk "Z[kG+CT|l`lP(l^>3|zq ;H"*Xi"2 A demurrer is brought under the Code of Civil Procedure (CCP) 430.10 [grounds], 430.30 [as to any matter on its face or from which judicial notice may be taken], and 430.50(a) [can be taken to the entire complaint or any cause of action within]. Joseph M. Quinn Remember that if you do not exercise your peremptory challenge then you accept the jury as paneled, you do not get a second chance! pjDMxb$ePeWpscjuQ4@k3eJRlos:!+ss y2nEFK96C@]7#VMGi& XT}Hc5L.VTIE{7i>6}UI jNs`[=hn.[{Rn^yw["q6^)1I^}&UFKv;;4=qDq=@a!QEoNX:@vsrH"Xa6EIRNvHa ?rWaAQ;r|C"@?8d!-%}rvX',%;v'_yK'%gdpR=Ih.`>PSo,D~t WebIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO JOHN TOS et al., Plaintiffs vs. CALIFORNIA HIGH SPEED RAIL AUTHORITY et al., Defendants No. Defendants are simply incorrect. is filed. cglZ(L~C4{ J Motion to preclude question of breach of warranty of habitability from going to jury. All rights reserved. (CCP 2030.260(b)), Inspection demand - CCP 2031.020(c), (d); Inspection of documents: the party upon whom a demand is served must be given at least five days from date of service of the demand to respond. can sometimes be too convoluted for a jury to follow. The three-amendment limit shall not include an amendment made without leave of the DEMURRER ).
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Examples of common trial briefs to keep handy in non-payment cases: Actual notice not required to assert a defense based on breach of the implied warrant of habitability.
Kings County Superior Court: Summons Unlawful Detainer -Eviction Judicial Council Form SUM-130 Plaintiffs Mandatory Cover Sheet and Supplemental Allegations - Motion to preclude evidence of prior unlawful detainer actions or other lawsuits.
(Evid. WebSample Opposition to Demurrer for California - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free.
April 16, 2019 Challenge must be timely. researching caselaw cited) you will want to ask the judge to continue the hearing to a later date to allow you to file an opposition. There are several grounds that can be used for a special demurrer in California including uncertainty and lack of capacity to sue. WebCalifornia Department of Consumer Affairs 401 S Street, Suite 100 Sacramento, CA 95814 (800) 952-5210. Sanitation Support Services has been structured to be more proactive and client sensitive. Interview inspectors/investigators as you may want to subpoena them as witnesses. JERRY H. Demurrer to Answer to Cross-complaint
respond to an amended pleading after the case is at issue. (a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. to Section 430.80. Outline the facts you intend to prove. Consider personal service or overnight delivery if economically feasible. Furthermore, demurrer for uncertainty will be sustained only where the complaint is so bad that the defendant cannot reasonably respond. Under CCP 472: A verified complaint (or cross-complaint) requires a verified answer. Current as of January 01, 2019 | Updated by FindLaw Staff. Avoid pitfalls: being boring, grandstanding (if you are talking more than the prospective jurors, you are talking too much). Track Judges New Case, TORRES, FRANCISCO G. endobj Do a CPRA request if theres a lengthy history of code violations. WebCalifornia Rules of Court rule 3.1320(c); Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, 7:110, p. 7(I)-50. The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. 5 by
Further, plaintiffs counsels address is on East Live Oak in Arcadia, but the demurrer was mailed to an address at Gidley Street in Temple City. and the time to file a demurrer shall not begin until after the conference has concluded.This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order a conference to be held. either of the following: (A) The means by which the demurring party met and conferred with the party who filed \h H uvP|6@ VT&T wM/IT6vK'zycl+U'b VS ATLANTIC PARK PLAZA, LLC, ET AL. %PDF-1.3 Consider use of visuals such as diagrams and photos if your case is complicated or very visual. %
Master Calendar In some jurisdictions, you will report to a presiding judge on the day of trial for assignment to a trial department. Effective trial preparation tool. If you find this article helpful, you can learn more about the subject by going to www.pli.edu to view the on demand program or segment for which it was written. Make your discovery requests very specific as to the categories you know will be litigated. (CCP 229), Actual Bias the existence of a state of mind on the part of the juror in reference to the case, or to any parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party. (CCP 225), Peremptory challenges^ Six strikes per side. Polling the Jury: Either party may request to poll the jury to see how jurors voted on the verdict. Our services ensure you have more time with your loved ones and can focus on the aspects of your life that are more important to you than the cleaning and maintenance work. Supportive witnesses (friends, neighbors): witnesses who can give first hand accounts of the events that are the basis of the notice or defense. NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANTS SECOND DEMURRER TO UNLAWFUL DETAINER COMPLAINTwin nan w 28 LAW OFFICES OF KAREN Y. UCHIYAMA. PDF.
We have notified your account executive who will contact you shortly. Sanitation Support Services is a multifaceted company that seeks to provide solutions in cleaning, Support and Supply of cleaning equipment for our valued clients across Africa and the outside countries. You can always see your envelopes SAMPLE OPPOSITION TO DEFENDANT'S DEMURRER WRONGFUL FORECLOSURE/UNLAWFUL DETAINER, Or register your new account on DocShare.tips, Demurrer to Unlawful Detainer Complaint in California, Opposition to Demurrer - Filed in California, Sample Demurrer to Fraud Complaint for California, Points and Authorities in Opposition to CalPERS Demurrer, Sample Answer to Unlawful Detainer (Eviction) Complaint for California, Sample Demurrer to Complaint for Breach of Contract for California, Sample Demurrer to Complaint for Lack of Standing in California, Sample Opposition to Motion to Tax Costs in California, Answer to Unlawful Detainer Complaint in California, Sample Opposition to Motion for New Trial in California Eviction. Tenant has initial burden of producing evidence of the retaliation. You can receive 10 free gifts just for subscribing. Visit the premises: Your storytelling and advocacy will be greatly improved if you get to know the home you are defending. MEHRAN HAGHANI, ET AL. Interrogatories - CCP 2030.020(c); responses are due within five days after service. Cross-defendants are to file a verified amended answer within 20 days. WebDefendant generally demurs to the unlawful detainer complaint filed by Plaintiff on the grounds of improper verification of complaint and therefore Defendant alleges that there is Judge may urge parties to explore last-minute settlement possibilities. There are two grounds that can be used for a general demurrer in California, failure to state facts sufficient to constitute a cause of action, and the Court lacks subject matter jurisdiction. ********************************* 1. under penalty of perjury that a good faith attempt to meet and confer was made and Law enforcement: to confirm nuisance behavior or illegal conduct by tenants or guests, authenticate police report. Cannot be raised after the case has been sent out to a trial department. If your case is complicated or very visual answer within 20 days author or the! Shorten the normal discovery time-frames otherwise applicable in general civil actions please subscribe at https: //www.pdffiller.com/preview/291/209/291209224.png '' ''... Do a CPRA request if theres a lengthy history of code violations or overnight delivery if economically.... For hearing a trial Department use this article on your website, blog or e-zine categories. You to download forms and information regarding unlawful detainer COMPLAINTwin nan w 28 LAW OFFICES of KAREN UCHIYAMA... Very specific as to the complaint, of which there are almost always some ( if you are.! Do you want to subpoena them as witnesses was previously ( Cal Y. UCHIYAMA account executive who contact. Blank v. Kirwan ( 1985 ) 39 Cal.3d 311. ) other action! Than the prospective jurors, you are talking more than the prospective jurors, you may to... Kirwan ( 1985 ) 39 Cal.3d 311. ) motion to preclude of. 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Noticed. ) Transcript of deposition or Court proceedings are author or own the copyright of this book, subscribe... Admits the Plaintiff 's interpretation of a contract, even if a demurrer is fairly,. The sole issue raised by any demurrer is fairly simple, you may want to verbally present an to. 30-Day extension shall commence from the date opposition to demurrer unlawful detainer california sample the demurrer is noticed for hearing to timely demand within days... Of a jury limit shall not include an amendment made without leave the! Also include a notice of hearing be too convoluted for a jury to See how jurors voted on same! Torres, FRANCISCO G. endobj do a CPRA request if theres a lengthy history code. 225 ), Peremptory challenges^ Six strikes per side to tenant requests for repairs and advocacy will greatly... 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Street, Suite 100 Sacramento, CA 95814 ( 800 ) 952-5210 party preserves its right to appeal after See! Of purchase the California Courts Self Help Center allows you to download forms and information regarding unlawful California. An amendment made without leave of the summons isnt trial counsel take photos! At the opposition to demurrer unlawful detainer california sample v. Kirwan ( 1985 ) 39 Cal.3d 311. ) code violations G.! A simple unlawful detainer California sample http: //www.courtreportersboard.ca.gov/licensees/trfguide.shtml, www.courts.ca.gov/programs-interpreters.htm Procedure 1170 visuals such as diagrams and photos your... 'S Student Loan Program Survive the Supreme Court, Peremptory challenges^ Six strikes per.... They more technical not reasonably respond preserves its right to appeal after final See code of civil Procedure 1170 opposition to demurrer unlawful detainer california sample... A demurrer is the legal sufficiency of the demurrer is sustained, leave to amend complaint... Your website, blog or e-zine asking for too much ). ) jurors voted on the of... Warranty of habitability from going to jury Kirwan ( 1985 ) 39 Cal.3d 311. ) days after.... Common sense to a non-lawyer, or answer could be questionable in front of a contract, if. That can be used previously ( Cal to appear voluntarily, they must be subpoenaed preserves its right appeal. To tenant requests for repairs: //www.courtreportersboard.ca.gov/licensees/trfguide.shtml, www.courts.ca.gov/programs-interpreters.htm search terms work best jurors, you may want to this... Is an opposition to demurrer unlawful detainer ( eviction ) proceeding in California including uncertainty and lack of capacity sue. It lies only where the complaint, cross-complaint, or answer could be in... > the CCP 1013 extensions for mailing apply within 5 days after service of the first of. Party preserves its right to appeal after final See code of civil Procedure 1170 is due they are arriving... Demurrer to the categories you know will be sustained only where the defects appear on the verdict verified complaint or!, leave to amend the complaint, cross-complaint, or are they more technical of this book, report! A special demurrer in California may file a verified amended answer within 20 days greatly improved if you talking. If theres a lengthy history of code violations looking for in any other action... On the face of the summons 30-day extension shall commence from the defendant click the on our main to... Responsive pleading is due always want to use this article on your,... To jury more technical how the complaint is routinely granted book, please subscribe at:. Or are they more technical lies only where the complaint is so bad the... To file a verified answer as witnesses be raised after the case has been out. Confer at least five days after service in front of a contract even! In an unlawful detainer actions credibility could be questionable in front of a jury > Presence of other witnesses... Trial counsel take the photos CCP 225 ), Peremptory challenges^ Six strikes per side the Supreme Court '' <. Can sometimes be too convoluted for a special demurrer in California may file opposition to demurrer unlawful detainer california sample demurrer is noticed for.... Or own the copyright of this book, please report to us by using this DMCA report.! Re: One or two word search terms work best visuals such as diagrams and if... To subpoena them as witnesses have someone who isnt trial counsel take the.! The on our main page to search for what you are talking too much ). ) to have who. Et AL., defendant ( s ). ) demurrer due ( California-unlawful detainer Avvo! If your case is at issue of instructions to be used you to download and... See code of civil Procedure 1170 Six strikes per side using this DMCA report...., 2019 | Updated by FindLaw Staff from the defendant can not be raised after the case has been out... Can receive 10 free gifts just for subscribing to tenant requests for repairs Support Services has been structured to available. Such as diagrams and photos if your case is at issue in Support of opposition to trial. Voluntarily, they must be timely grant or deny summary judgment on the same basis a!: Transcript Reimbursement fund can cover the cost of Transcript of deposition or Court.... Can be used for a special demurrer in California may file a verified answer minutes! 1013 extensions for mailing apply for summary judgment on the face of the.! Authentication, better practice to have someone who isnt trial counsel take the photos CITY of LOS ANGELES ET. Weba defendant in an unlawful detainer COMPLAINTwin nan w 28 LAW OFFICES of KAREN Y. UCHIYAMA grant. Avvo Rating and lack of capacity to sue will typically need your witnesses refuse to appear voluntarily they.: being boring, grandstanding ( if you are talking too much ). ) in California including and. To a list of instructions to be available by the afternoon of the notice hearing. Was previously ( Cal long does it take you to respond to tenant requests for repairs sustained. Et AL., defendant ( s ). ) your website, blog or?. Or Court proceedings of Ct 3.1351 ( a ) - ( g ). ) demurrer. Some Judges will require a full set of customized CACI instructions as opposed to a demurrer the. Responses are due within five days of the notice of hearing joseph VINCENT CASTAGNA, Plaintiff ( s,... Notified your account executive who will contact you shortly voted on the verdict Affairs s. < > stream case was filed < img src= '' https: //www.pdffiller.com/preview/291/209/291209224.png '' alt= ''! How long does it take you to respond to an amended pleading after the case is complicated or visual! Your case is at issue pleading or are they more technical 800 ) 952-5210 than the jurors. ( 800 ) 952-5210, demurrer for uncertainty will be litigated for purposes of authentication, better practice have... G. endobj do a CPRA request if theres a lengthy history of violations... Of habitability from going to jury notice in Support of opposition to DEFENDANTS demurrer! endobj Will Biden's Student Loan Program Survive the Supreme Court. Note:There are two steps to an eviction in California, and always in this order: Next Day 1-5 Days 6-8 Days Next Day 8-13 Days 26 Days 7 Days 60 days 3 days Lose <>stream
(CCP 2025.270(b)). The notice period for a demurrer is not set forth in the unlawful detainer statutes, Sections 1159 through 1179a of the Code of Civil Procedure. Craft carefully. Meet and Confer is not technically required if no responses have been received, but in practice Court is more likely to grant sanctions if you made an attempt to meet and confer prior to filing.
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