Motion to Strike and Demurrer help

[GreenIsTheNew]

What is the name of your state?CA

 

[GreenIsTheNew]

Hi,

Please help. Due TODAY.
As a defendant, I am noticing there are 2 errors on Plaintiff’s Unlawful Detainer complaint. I need urgent help with language and codes to cite to do a Motion to Strike and Demurre in pro per. Do I need to do both a Motion to Strike AND a demurrer?

#1) Plaintiff on Unlawful Detainer complaint #17 F checks box requesting for damages (from rate stated in item 11…), then fails to check box 11 or insert any amount. Defendant does not pay rent for the room in the shared house, they did a trade for housing (not mentioned anywhere on complaint). There was a 60 day notice to vacate, no rent was asked for. Is this grounds for striking due to missing information, and is it ALSO an outright error because there is no ‘fair rental value’, because the room will not be rented out? How do I cite this properly?

#2) Plaintiff mistakenly lists wrong year in #6 that tenancy began. What is the code and language to use to demurre this?

Thank you in advance for the urgent assistance! Critically need help, and no budget for legal assist beyond self help clinics, etc. Did I say these are due TODAY?

 

[FlyingRon]

You're not getting the case thrown out on the basis of failure to state a value for damages. At worst, the writ of possession will be issued without any further financial liability being assessed against the defendant. At best, the judge will determine the actual damages during the trial.

Unless the actual beginning of tenancy is such that something in the proceedings doesn't apply, you can't get a demurrer on this.

And again, as I told you in the other forum, the verb is DEMUR. The noun is DEMURRER. In both cases the second syllable rhymes with BLUR rather than CURE. Demure is a different word with a different pronunciation and meaning. Demurre isn't a word.

 

[GreenIsTheNew]

Hi Ron,

Thanks for the spelling lesson. Can a motion to strike be used? Because the date of tenancy is incorrect, since I was not dwelling there during the documented time, doesn't it nullify the complaint, or at least give cause for motion to strike or dismiss it? Thanks in advance.

 

[FlyingRon]

Again, if the REAL date of tenancy had it been there would somehow invalidate some other aspect (changing the notice requirements, or whatever), then you won't just get it tossed because the date is wrong. You'd have to bring it up at trial, and again, the evidence presented would be used and unless there's some other reason the date becomes an issue, it will be irrelevant.

 

[HighwayMan]

Your tenant has an "attorney friend" to help - I assume that's a real, licensed legal professional.

You need to get yourself an attorney. You're in over your head. The more of a mess you create to more it will cost you to fix.