Demurrer

[girl48sfv]

What is the name of your state (only U.S. law)? LOS ANGELES, CA.

CAN I FILE MOTION TO QUASH THEN DEMURRER?

 

[sandyclaus]

What is the name of your state (only U.S. law)? LOS ANGELES, CA.

CAN I FILE MOTION TO QUASH THEN DEMURRER?

The two documents serve different purposes.

The Motion to Quash is to used to declare something invalid, such as service of process, or a subpoena.

The Demurrer is used to attack the legal basis of the complaint itself, and usually AFTER service of process has been successfully completed (or a Motion to Quash Service has been decided by a judge).

Was there something specific you wanted to ask about the process?

 

[girl48sfv]

demurrer

Thats what I thought, Thanks for the confirmation. Filed motion to quash on a UD, motion denied ordered to answer in 5 days but after close scrutiny found serious defects in 3 day and complaint. Thing is that the courts around here dont seem to take to kindly to defendant motions, motion to quash was sound but I suppose motions are seen as delaying tactics. The scales of justice seem to be tipped towards property owners sometimes. Thank you for your reply.

 

[sandyclaus]

Thats what I thought, Thanks for the confirmation. Filed motion to quash on a UD, motion denied ordered to answer in 5 days but after close scrutiny found serious defects in 3 day and complaint. Thing is that the courts around here dont seem to take to kindly to defendant motions, motion to quash was sound but I suppose motions are seen as delaying tactics. The scales of justice seem to be tipped towards property owners sometimes. Thank you for your reply.

It also depends on which courthouse you are at, and whether or not your hearing is being presided over by a judge or a commissioner (temporary judge). I've always found that most of the SFV courts tend to have commissioners presiding over the UD cases, and those commissioners almost always seem to be pro-LL, almost to a fault.