As a Los Angeles Unlawful Detainer Attorney, we have been through the unlawful detainer process time and time again. There are some basic steps to follow in these cases to properly position yourself for a win. We already went over step 1 to defending an unlawful detainer in an earlier post – which is simply paying attention to court deadlines. See our earlier post for more information on this issue.
Step 2 is determining how to respond. Generally, a defending tenant has several options, including the following:
- File an answer: You can use the California Judicial Council form answer.
- File a demurrer: A demurrer is a pleading that challenges the allegations in the complaint. The basic standard is to determine whether the allegations in the complaint, if accepted as true for purposes of the demurrer, state a valid cause of action.
- File a motion to strike: A motion to strike is similar to a demurrer as it challenges the allegations in the complaint. We frequently move to strike the entire complaint based on attorney verification of the complaint.
- Consider settlement: If you are open to settling the eviction matter and if the landlord is willing to talk, you can explore this option before filing your first responsive pleading.
The best bet is always to contact a qualified California Unlawful Detainer Attorney. We can be reached at 310-954-1877, www.schorr-law.com, firstname.lastname@example.org. If you cannot afford an attorney, then we will be offering our self-help guide to defending an unlawful detainer soon via this website.