What’s a demurrer? A Legal Document Guide

What’s a demurrer? A Legal Document Guide

What’s a demurrer? A demurrer is a legal document (in pleading format) that challenges or objects to another document filed by an opposing party.

Usually, a defendant in a case will file a demurrer to a complaint if the defendant believes that the complaint is defective, does not possess all of the required elements, or a cause of action is inadequate.  A demurrer is essentially a request that the complaint be “thrown out” because it’s not legally sufficient.

Demurrers are filed at the beginning of the case before the answer, and the defendant must request a hearing date prior to filing the demurrer.

In Unlawful Detainer matters, a tenant (defendant) can file a demurrer for the 3 Day notice or the unlawful detainer complaint challenging the validity of one or both prior to answering the case.

If the Defendant is successful, the Plaintiff will have to correct the document(s) and re-serve Defendant.

The Document People in Woodland Hills can assist you with preparing and filing a Demurrer.

Visit our stores in Los Angeles County (Woodland Hills, Santa Monica, San Fernando, Marina Del Rey, Van Nuys, and Glendale), Orange County (Anaheim, Irvine) San Diego County (Oceanside) and Ventura County (Oxnard).

 

The information contained in this blog – including information of a legal nature – is provided for informational purposes only, and should not be construed as legal advice on any subject matter.