Motion to Strike/Demurre tenant delays?

[BTDThat]

What is the name of your state? CA
Hi,

I am a landlord trying to evict a tenant from a house in California (tenant at will, no lease, was an oral month to month agreement.) All my documents are in order at this point. We are at the Anwer stage.

I overheard her talking with with her lawyer friend about using a 'Motion To Strike' before filing her answer. I know she is trying to delay the process. Any ideas what they may be plotting? What specifically could they possibly be alleging/wanting to strike? 2. Another landlord said I should be prepared for a 'Demurre,' but I don't even know specifically what to watch for. What specifically would they try to use to demurre me for?

I cannot yet hire an attorney due to budget, but I will when I can. Thanks in advance

 

[adjusterjack]

You'll have to wait until you get her response to find out what she is up to.

But my guess is that the "plot" is to allow her to stay in your rental, rent free, until her delaying tactics run their course.

She's got a lawyer helping her and you don't. Good luck.

 

[Taxing Matters]

What is the name of your state? CA
Hi,

I am a landlord trying to evict a tenant from a house in California (tenant at will, no lease, was an oral month to month agreement.) All my documents are in order at this point. We are at the Anwer stage.

I overheard her talking with with her lawyer friend about using a 'Motion To Strike' before filing her answer. I know she is trying to delay the process. Any ideas what they may be plotting? What specifically could they possibly be alleging/wanting to strike?

No way to guess at that without reading the complaint you filed.

2. Another landlord said I should be prepared for a 'Demurre,' but I don't even know specifically what to watch for. What specifically would they try to use to demurre me for?

California uses the term "demurrer" for what is essentially a motion to dismiss for failure to state a claim in most other jurisdictions. The tenant would be alleging that your complaint on its face is insufficient to support your claim. If the court grants the demurrer, the chances are that the court would then grant your motion to amend the complaint to fix the problems, assuming you are able to do so.

 

[FlyingRon]

And to add a little additional nit.

Demurrer is the NOUN describing the legal action.
Demur is the VERB expressing the action of stopping the legal proceeding.

The second syllable of either word rhymes with blur rather than cure. (That is, do not confuse the word with demure).

 

[adjusterjack]

Demurrer is the NOUN describing the legal action.

Demurrer demerrier.

 

[Eekamouse]

Demerry Christmas!