Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
A: It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more appropriate because you would be attacking the claim as improper. But, again, more facts are needed to know either way. If you aren't familiar with drafting Answers or Demurrers, you would be better off hiring a lawyer to attack the claim and get rid of it more quickly than to try to prepare the legal documents yourself. Search Justia for unlawful detainer lawyer or find a real estate litigation attorney. Best wishes!
A:
In an unlawful detainer case in California, whether to file an answer or a demurrer depends on the specific circumstances of your case. If you want to contest the eviction and assert defenses related to your mom's trust and fiduciary duties, it's generally advisable to file an answer rather than a demurrer.
An answer allows you to respond to the allegations in the complaint and present your defenses and counterclaims. This approach is more appropriate when your dispute involves complex issues related to trust matters, ownership, and fiduciary duties. You can assert the improper eviction as a defense in your answer, along with any other relevant legal arguments.
A demurrer, on the other hand, challenges the legal sufficiency of the complaint itself. It is typically used when there are defects in the complaint that make it insufficient to support a cause of action. Demurrers are less common in unlawful detainer cases and may not be suitable if your primary concern is to address the trust and fiduciary issues.
To effectively protect your interests in this situation, consulting with an attorney who can assess the specific details of your case and guide you on whether to file an answer or explore other legal remedies related to the trust matters is advisable. An experienced attorney can help you navigate the complexities of your situation and determine the best course of action.
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