Unlawful Detainer Demurrer Guide

Summary

In San Diego, a demurrer in an unlawful detainer case challenges the legal sufficiency of the complaint. As a defendant, you can use sections 1166 a 1 and 430 10(e) of the California Code of Civil Procedure. The landlord must serve the notice by posting and mailing it. If not mailed, it could impact the eviction case. Prepare a document outlining objections, including improper service and incorrect address, with supporting evidence. Highlight discrepancies and reference relevant laws. Present your case clearly in court. Legal aid services can offer additional support.

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Uawful
Hello Jesse, I understand you need legal help. Could you please provide more details about your situation? Also, knowing your location would help me provide more accurate information.
detainer demurrer hearing
Hello Jesse, it seems you're dealing with an unlawful detainer demurrer hearing. Could you please share your location so I can provide more specific information about laws and procedures in your area?
San Diego
Hello Jesse, in San Diego, a Demurrer is a legal objection that can be used in an Unlawful Detainer case. Here are some key points:
- A Demurrer challenges the legal sufficiency of the complaint.
- If granted, the plaintiff must amend the complaint.
- If denied, the defendant must answer the complaint.
Please seek legal advice for your specific situation.
I am defendant and based demurrer on * a * and * *(e)
Hello Jesse, as a defendant in San Diego, sections * a * and * *(e) of the California Code of Civil Procedure can be used in a demurrer.
- * a * focuses on the specificities in the complaint.
- * *(e) can be used if there is a lack of legal capacity to sue.
Please consult a lawyer for personalized advice.
The 3 day notice to pay or quit was posted on our door but not mailed. The lawsuit does not have mailing box checked nor an exhibit that they mailed it only an exhibit of the notice.
Hello Jesse, in California, the landlord can legally serve the notice by posting it on the premises. However, they must also mail a copy to you. If it wasn't mailed, it could potentially impact the validity of your eviction case. Please consult your attorney for advice tailored to your situation.
I don’t have an attorney and am
Hello Jesse, I understand your situation. If you're unable to hire a lawyer, there are legal aid services in San Diego that offer free or low-cost assistance for housing issues. Would you like information on these resources?
representing myself I court hearing today. How do
Hello Jesse, I understand you're representing yourself. It can be daunting, but remember to stay calm, present your case clearly, and bring all relevant documents. Could you tell me what specific advice you need for your hearing today?
i prett
Hello Jesse, it seems like your message got cut off. Could you please specify what you need assistance with regarding your court hearing today?
prepare?
Hello Jesse, preparation is key for a court hearing. Here are some general tips:
- Review the relevant laws and procedures.
- Organize your documents and evidence.
- Practice your statements.
- Dress appropriately.
- Arrive early.
Please specify if you need advice on a particular aspect.
Do I write a document or talk
Hello Jesse, both written documents and verbal communication are important in court. Your written documents provide evidence while your verbal communication conveys your argument. Can you specify what document you're referring to or what you'll be discussing in court?
Yes
Hello Jesse, could you please provide more details about the document you're referring to or the topic you'll be discussing in court? This will help me guide you more effectively.
I will point out the improper service of the 3 day notice and also that the address stated that I occupy is not the residence address in the case but the office address of the landlord.
Hello Jesse, you're on the right track. To address the improper service of notice and the incorrect address, prepare a document outlining these issues with supporting evidence. During the hearing, present your points clearly. Are you familiar with the format and presentation of such a document?
I am not
No problem, Jesse. I can guide you on a general format. Your document should include:
- Your Name, Address, and Case Number at the top.
- A title such as "Defendant's Objections".
- Clear, numbered paragraphs outlining your objections with any evidence.
- A conclusion summarising your points.
- Your signature and date at the bottom.
Please consult with a legal aid service for more specific help.
Is a copy of the notice evidence with the parts that are incorrect highlighted? And do add case reference?
Hello Jesse, yes, a copy of the notice can serve as evidence. Highlighting incorrect parts can help draw attention to them. Include the case reference at the top of your document. This helps link your evidence to the specific case. Please ensure all details are accurate.
Can I highlight the Summons of Eviction packet that was served to me with the discret
Hello Jesse, you can highlight the relevant sections in the Summons of Eviction packet. This will help you discuss your points more clearly during the hearing. Would you like advice on how to effectively present these points in court?
Discrepencies and errors by the plaintiff and the write the laws on there that make the case invalid?
Hello Jesse, you can point out discrepancies and errors by the plaintiff that may affect the validity of the case. When doing so, be clear, concise, and refer to the relevant laws. Are you asking how to annotate these laws on your document?
Yes I would like advice
Hello Jesse, you can annotate the laws on your document by referencing them next to the relevant points or errors. For instance, if an error relates to improper service, mention the specific law that defines proper service. Be sure to clearly connect each law to the corresponding error. Do you feel prepared to write this document now?
Yes
That's great, Jesse. Remember, preparation is key. Be clear and concise in your statements, and make sure your points are well-organized. If you have any more questions or need further assistance, don't hesitate to ask. Are you ready for your hearing today?
Also the agent of the plaintiff verified the document
Hello Jesse, an agent verifying the document is common in legal proceedings. However, if you believe there's an issue with the verification, could you please specify what that is? This would help me provide more accurate advice.
And signed it under oath however that person is also the one thT signed the 3 day notice with the incorrect address.
Hello Jesse, if the agent signed both the verification and the notice with the incorrect address, it could be important for your case. Be sure to point this out in your presentation and document. Do you have a copy of both these signatures for evidence?