way

Endless demurrers

10 posts in this topic

I am a landlord. I want to evict a tenant. Eviction process has started. But tenant's lawyer kept throwing demurrers at us and delay the court trials. All the claims in his demurrers are baseless. But there is nothing my lawyer can do but to respond to them one after another. This is frustrating. There doesn't seem to be an appeal process to withhold the initial trial date or court conference date. The tenant and his lawyer are experts in delaying.

 

Can someone help me?

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1 hour ago, way said:

The tenant and his lawyer are experts in delaying.

 

Yep, that's one of the risks you take when you become a landlord. Been there. Done that. Got rid of the damned rentals 20 years ago and never looked back.

 

1 hour ago, way said:

Can someone help me?

 

Nope.

 

You will just have to sweat out the ordeal until it's over.

 

Once you get your property back you can either sell it and get out of the LL business or try again and hope you get a better tenant next time.

 

 

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The system is so crooked. It's assuming landlords are evil. I am working harder than the tenants. I am paying mortgage and he is living there for free. This is a tenant who has not paid for more than 6 months.

 

Can't we doing anything? There is no landlord association? Can I get interviewed by some news channels and expose the imposter? Where is justice? 

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California is one of those states where the courts are tenant friendly. It's the last place anybody should own rental houses.

 

The justice is in the courts and that's all you have. Eventually he'll run out of tactics, the judge will make the order, and the sheriff will put him and his belongings out on the street.

 

You'll just have to wait it out. There's nothing else you can do.

 

 

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18 hours ago, way said:

There doesn't seem to be an appeal process to withhold the initial trial date or court conference date.

 

Not sure what this means.

 

 

18 hours ago, way said:

Can someone help me?

 

You wrote that you have a lawyer and that "there is nothing my lawyer can do but to respond to them one after another."  If your lawyer doesn't know how to deal with what's happening, then you may not have hired a very good lawyer.  FWIW, I'm not aware of any rule that allows for serial demurrers in an unlawful detainer case.  After a first demurrer is overruled, the court should not continue anything for successive demurrers filed, and your attorney ought to file an ex parte application to deal with this.

 

 

18 hours ago, way said:

Can someone help me?

 

Other than by answering questions you ask, no.

 

 

12 hours ago, way said:

There is no landlord association?

 

Beats me, but even if there is, it won't help you in the situation described.

 

 

12 hours ago, way said:

Can I get interviewed by some news channels and expose the imposter?

 

Feel free to make some phone calls, but I doubt it.  If you were in charge of a local news broadcast, is this the sort of thing you'd care about?

 

P.S. The extent to which courts are "tenant friendly" depends largely on the city and county where the property is located.

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Thank you adjusterjack and pg1067. The information is useful. I'll follow up with my agent and attorney. My attorney has been filing responses to demurrers as soon as they come in. The next step is to do a Status Conference, which was delayed a couple of times at the last minute. The defendant's attorney has lots of tricks to defer the date (calling sick, demurrers, etc.)

 

Frustrating. Thanks for your support though. This is helpful.

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