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?
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.
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