If you file a motion to strike or a demurrer to the landlord’s complaint, keep in mind that if the complaint is the first version of the complaint, the landlord has the right to amend the complaint one time in order to avoid hearing on the demurrer or motion to strike. Code of Civil Procedure section 472.
Accordingly, when you consider filing a demurrer or motion to strike you should consider what the likely result will be. Will the landlord simply amend the complaint to address the issue you have pointed out, even if the landlord disagrees with your interpretation of the law or will the landlord oppose your demurrer or motion to strike. Because of the right to amend once, without having to seek leave from the court to do so, some defendants view demurrers and motions to strike as simply an opportunity to educate the landlord.
Of course, others view demurrers and motions to strike as an opportunity to argue about the law and to show the landlord that the tenant is ready for a fight.
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