Q: In a CA unlawful detainer case, can the court grant a trial date prior to hearing a demurrer filed by defendant first?
i filed a demurrer prior to the plaintiff requesting a court trial. is there legal statues or laws which require the court to first address the demurrer prior to trial in unlawful detainer
my demurrer is still on schedule for a later date (though filed and set prior to the plaintiff request for trial.. though date of demur hearing is in August and trial requested just a few days ago is set in 16 days..
how is the trial allowed to be set on a date before the demurrer which is still on calander after the trial date?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In a California unlawful detainer case, it is generally within the discretion of the court to grant a trial date prior to hearing a demurrer filed by the defendant. While a defendant may file a demurrer to challenge the legal sufficiency of the plaintiff's complaint, the court is not required to hear the demurrer before setting a trial date. The court may choose to prioritize the trial date based on its calendar and the urgency of the case.
That being said, it is also possible for the court to postpone the trial date in order to address the demurrer first, if the court determines that doing so is necessary for the proper administration of justice. However, this decision would be made on a case-by-case basis, and there is no guarantee that the court will postpone the trial date.
It is important to note that the timelines and procedures for unlawful detainer cases can be complex, and it may be helpful to consult with an attorney if you have questions or concerns about the handling of your case.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
