what content might take place at my demurer hearing as a defendant in a dismissed eviction case in California

[tamaraisheaven]

What is the name of your state? Ca

 

[Just Blue]

What is the name of your state? Ca

We will need more information than what you asked in your thread header.

 

[zddoodah]

what content might take place at my demurer hearing as a defendant in a dismissed eviction case in California

Huh? I'm assuming that, in response to you filing a demurrer, the landlord dismissed the case. If that's the case, then the hearing won't happen.

 

[quincy]

What is the name of your state? Ca

More information might be helpful.

 

[Eekamouse]

How can the landlord dismiss the case?

 

[doucar]

By filing a dismissal, its the landlord's case, he can dismiss it at any time.

 

[zddoodah]

How can the landlord dismiss the case?

By filing a request for dismissal. It's an incredibly simple form.

 

[Litigator22]

. . . its [sic] the landlord's case, he can dismiss it at any time. (?)

That is generally true, but it isn't an absolutism.

Depending on the state of the record, the stage of the court proceedings, etc., etc., oft times leave of court is required. Example the pendency of a counterclaim, or an s/j motion or one for an award of attorney fees or pending discover issues, etc. etc.

 

[zddoodah]

That is generally true, but it isn't an absolutism.

Depending on the state of the record, the stage of the court proceedings, etc., etc., oft times leave of court is required. Example the pendency of a counterclaim, or an s/j motion or one for an award of attorney fees or pending discover issues, etc. etc.

I'm not aware of anything in California's unlawful detainer laws that would support this (I'm also not aware of a provision for "counterclaims" in UD cases), although, obviously, if you've reached the stage where someone is making a fee motion, that's a post-judgment matter, and you can't dismiss any case that's already gone to judgment.

 

[quincy]

What is the name of your state? Ca

Did you file a timely response to the landlord’s complaint?

Did you move out of the rental property after the landlord’s complaint was filed?

A landlord can dismiss his eviction complaint if eviction is no longer necessary. The landlord can then file a separate suit against the departed tenant to collect any damages.

What exactly is your current situation?